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Live Debate
Lords Chamber
Lords Chamber
Monday 21st July 2025
(began 3 months ago)
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This debate has concluded
14:37
Oral questions: Cuts to Official Development Assistance in the UK
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First First Oral
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First Oral Question, First Oral Question, Lord First Oral Question, Lord Oates.
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First Oral Question, Lord Oates.
14:37
Baroness Chapman of Darlington, Minister of State (Development) (Labour)
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I declare my interest as Chief Executive against malnutrition and hunger. We are committed to the
sustainable develop and goals and continue working with partners to accelerate progress by 2030. To do
this we are resetting our approach and moving from donor to investor, building modern mutually beneficial
partnerships to navigate global issues. Aid alone has never been
enough, it is why the financing for development conference we pushed the tangible action on global finance
system reform including UK initiatives to unlock more private capital.
14:37
Lord Oates (Liberal Democrat)
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I thank the Minister for her
reply. She will be aware the cumulative impacts of cuts to
development support around the world fundamentally undermines progress on sustainable develop goals, with
devastating consequences to millions of people. In light of that fact
will she ensure remaining UK
development support is maximised by directing it through match funding mechanisms with partner countries and philanthropies by working with
multilateral development banks to leverage their balance sheets to
focus on the SDGs.
And by urgently addressing unsustainable debt servicing burden is on low income
countries.
14:38
Baroness Chapman of Darlington, Minister of State (Development) (Labour)
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It certainly does present a challenge, because the UK and many
other nations are making similar decisions about their own D budgets.
But I think it is a different challenge, the way he suggests we
direct our spend in future is to much what it is we are doing. We are
focusing and pivoting more towards the multilateral system, because
that is how you are able to leverage more fund and you get better value and more impact in country. Which is what we all want to see.
14:39
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She will know my concern about
the disproportionate impact these
cuts will have on women and girls. Will she meet with me and a cross- party group of parliamentarians from both houses who share my concern
when we return in September to discuss how we can work together to mitigate this.
14:39
Baroness Chapman of Darlington, Minister of State (Development) (Labour)
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I would be happy to meet with the
noble Lady, especially given her personal track record working on this agenda. She will have noted
that we intend to work on our work on gender particularly through humanitarian priorities, and she will note Baroness Parminter as our
envoy for women and girls, I suggest we include her in the discussions as well. well.
14:39
Lord Watts (Labour)
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The most effective way of helping countries is to try and extend birth
control through countries who don't currently have the ability to do so. Will the Minister agree with me to
concentrate resources on that area?
14:40
Baroness Chapman of Darlington, Minister of State (Development) (Labour)
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I think that's an incredibly
important area to focus on. We have spent 60 million this year on UNFPA,
and an additional eight on humanitarian family planning
products. Because as he said, this is such a vital issue and can make such a difference to the lives of
women and girls, and whole communities in places that really
need the support.
14:40
Baroness Northover (Liberal Democrat)
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The US and the UK were major
supporters of UNFPA that she just mentioned, the UN Population Fund. The devastating cuts to USA ID
coupled with the right-wing pushback
on equality and family planning leave the poorest women and girls in
a desperate situation globally. Following from those other questions, how will the UK prioritise helping them, given that
we certainly won't reach the SDGs if we don't do that. we don't do that.
14:41
Baroness Chapman of Darlington, Minister of State (Development) (Labour)
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In my previous answer I, the
answer on the money, as important is our commitment to be advocates and
continue to push for a change in country on the rights of women and girls and access to safe abortion,
access to family planning advice and
products, and we want that, it's a
key commitment from the government that builds on the work of many of my predecessors. It's something that's absolutely vital. It's one of
the reasons we decided to prioritise health as we go forward.
health as we go forward.
14:41
Lord Alton of Liverpool (Crossbench)
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Even that conflict is one of the reasons why development is always impeded, has the noble Baroness
Minister had a chance to look at the correspondence last week between the Foreign Secretary under Joint Committee on Human Rights when he
was asked the question, will these
cuts impact the work we are able to do with the United Nations Human Rights Commission and UNICEF? He did say that peacekeeping would not be
affected, but was unable to give an answer to that question. Given the importance of holding to account
perpetrators of terrible crimes, from Ukraine to the Middle East, in
Sudan and so many other places, the Horn of Africa, Syria, doesn't the noble Baroness agreed we must do nothing to reduce our expenditure on
bringing perpetrators to account and trying to mitigate the worst effects
of terrible violence.
14:42
Baroness Chapman of Darlington, Minister of State (Development) (Labour)
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I do agree with that. And I think
the work this country has done on conflict prevention, and many other
areas connected to the issues he raises, not least accountability, we
can be proud of that. But I think you only have to listen to the news
this morning, coming out of Gaza, to be confronted with the fact that you
can provide as much aid as you like, we protected our aid to Gaza, we had it waiting on the border, the reason
those people are starving is because of political choice.
14:43
Baroness Bennett of Manor Castle (Green Party)
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The antimicrobial resistance is a
huge security threat to the UK, a
health and economic threat. Lord O'Neill from these benches was commissioned by the government in
2014 to conduct a review on AMR. That led to the foundation of the Fleming fund, which has now been
killed off. In the other place I
believe the government said the fund itself isn't continuing but the
partnerships are, the information is and the expertise is. Can the noble Lady the Minister help me understand what that means, given we have
killed a nature institutional organisation that has generally been world leading in the field of AMR.
14:43
Baroness Chapman of Darlington, Minister of State (Development) (Labour)
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I think those comments were made
by the Minister for Public health at the International Development Committee last week. What I would invite her to do is make sure that function is what we are focusing on
and not form. The decision from the Department of Health & Social Care, led by Chris Whitty on research and
development, is that the benefits of the Fleming fund which she rightly
points out as being outstanding, the work on antimicrobial resistance,
that work must continue.
Much has been learned through the Fleming fund, that it is right we evolve
that into other agencies so that we
can get the benefit from that.
14:44
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Sustainable development goal 3.3 says HIV, AIDS, malaria and
tuberculosis must be beaten by 2030. The current rate of progress TB
won't be beaten for 100 years. I was pleased to hear the Minister say global public health will be
prioritised. Will TB within that continue to be a priority for the government? Because it is an
airborne infectious disease, and
entirely unnecessary loss of life that 1.5 million people per year still die from it.
14:45
Baroness Chapman of Darlington, Minister of State (Development) (Labour)
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You could say the same about HIV,
to an extent malaria as well. Which is one of the reasons the UK is now
the largest donor to the vaccine alliance, because we understand these things have hugely damaging
effects on developing countries. But actually find their way here as well. As we now understand only too
well. The Prime Minister will be cohosting the global fund in South
Africa in the autumn, and it's his job to announce the decision on that
pledge.
I won't do that today, but you will see the concerns he has
aired reflected in that announcement. announcement.
14:45
Lord Foulkes of Cumnock (Labour)
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As a former development Minister I share the concerns about the
reduction in our development assistance. However, do the Liberal Democrats and the Conservatives ever
suggest what other areas we might
suggest what other areas we might suggest what other areas we might
14:46
Baroness Chapman of Darlington, Minister of State (Development) (Labour)
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It would be a strange for Minister for Development that would not be regretful of a reduction in
the Budget. As for the Liberal
Democrats and the prioritising of certain budgets, the head of others, I think that is for them to answer, not from a.
We are clear on these benches that the primary duty of any government is to its own people and
its own country and will always view
its own country and will always view ODA in that context.
A new Independent Commission for Aid
Independent Commission for Aid Impact report products that by 27/28 and fifth of ODA will be spent on supporting refugees and asylum seekers in the UK. Does the noble
seekers in the UK. Does the noble Baroness the Minister think this
Baroness the Minister think this money is well spent and can she take this opportunity to confirm how much the ODA budget is going to be spent on the government 's Chagos deal? on the government 's Chagos deal?
ODA isn't being spent on the
Chagos deal, I have told him that
about four times.
We inherited a situation where 1/3 of the ODA budget was spent on in donor refugee
costs and I think that's disgraceful. It's percentages I want to get to see reduced. The Home Office has reduced the costs by
around 1/3 over the last year. ODA only pays for the first year of IPSO
they need to go a lot further to keep me happy -- for the first year of it. of it.
14:47
Oral questions: Artificial intelligence legislation
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Second Oral Question.
Paper. And declare my technology interests are set out in the
register including as member of the global advisory board and a member of the science and technology
of the science and technology advisory can in the balustrade. -- Banner state.
14:48
Lord Vallance of Balham, Minister of State (Department for Science, Innovation and Technology) (Labour)
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Government is preparing a consultation on AI legislation in
order to gather views on the proposals. This will better prepare the UK for I iPort security risks
whilst making sure that our statute book is ready for the age of AI and its undoubted opportunities. The
government will update Parliament in due course. due course.
14:48
Lord Holmes of Richmond (Conservative)
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I was rather hoping that we might
have a consultation for our summer reading, but we will await the consultation and the subsequent
bill. The government have said that they want to take a domain specific approach to the legislation of
regulation of AI rather than cross sector. To that end, could I ask the
Minister how will consistency be assured through such an approach?
Similarly, how will areas that
currently don't have any competent regulator, such as the areas of hiring and recruitment, where people currently find themselves not being
shortlisted for roles, because I had made a decision, without even
knowing AI was in the mix and even if they knew AI was in the mix, there will be no place to seek
redress.
Surely clarity, certainty
and consistency is what anyone requires when it comes to AI, PU and investor, innovator, consumer,
creative, for the entire country. How will a domain specific approach
with no, if you will, guiding minds, ensure that clarity consistency and
certainty? certainty?
14:49
Lord Vallance of Balham, Minister of State (Department for Science, Innovation and Technology) (Labour)
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I'm sorry that I disappoint the noble Lord with his summer reading
list, and I'm happy to meet him to give some of the recommendations of good books to keep him... Are set out in the AI Opportunities Action
Plan, we believe most AI systems should be related existing
religious, they are the experts and the needy AI skills to do it. We are
working with relators to try collaboration and alignment across the Wrigley to domains, through the digital regulation Corporation
forms, AI advisory have, and the innovation of its working with the sheriff to collaborate and support the development of tools to help
businesses and investors to navigate digital regulations.
But we do have nice point that the noble Lord has
raised, which is, there are some aspects of AI that need to be looked
at across IR generally and that's why we are undertaking consultation
on legislation. It's also why we have got were undergoing with all
the departments around the impact on jobs in the way that he has described.
14:50
Lord Clement-Jones (Liberal Democrat)
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My Lords, the Minister's
Secretary of State said as long ago as February, AI is a powerful tool
and powerful tools can be misused. State-sponsored hackers are using AI
to write malicious code and identify system vulnerabilities, increasing the sophistication and efficiency of
their tax. Criminals are using AI, deepfakes, to assist in fraud,
breaching security by impersonating officials. And he went on to say,
these aren't distant possibilities, these are real, tangible harms,
happening right now.
If that is the case, why isn't the government taking a much more urgent approach
to the introduction of relations and
I declare an interest as an adviser on AI policy and regulation to DLA Piper.
14:51
Lord Vallance of Balham, Minister of State (Department for Science, Innovation and Technology) (Labour)
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I can agree, this is an urgent issue. It is changing them a date.
The agencies reflected in the work
that has orally taken place on the Online Safety Act, the data use and
active act. The need to get legislation right for a more widespread I/O bill is of course
important -- AI bill. And one that must be taken with due
consideration. It would be very wrong to try and rush this and a consultation that brings in other relevant parties will be launched
and that will be the time in which we can make sure we get this absolutely right.
absolutely right.
14:52
Viscount Colville of Culross (Crossbench)
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The Bletchley AI Safety Summit, major AI companies signed a voluntary agreement that they would
not release IIAC models without a safety card explaining how they have
been tested and by whom, but in March this year Google released its Gemini 2.5 model without such safety
card. Does the noble Lord the Minister agree that examples like this only add pressure for the AI
models safety testing to be put on a
models safety testing to be put on a statutory basis? We do agree that the AI issue of safety is very
the AI issue of safety is very important and that is why we have formed the IR security Institute, which is busy working with companies
which is busy working with companies the way around the world, testing
the way around the world, testing models, bringing their models in, working out where the vulnerabilities are.
Working in a way that allows those companies to build in the safety requirements
build in the safety requirements that are needed. And working importantly with other AI safety and
importantly with other AI safety and security Institute right around the world. They have formed the group between them which are looking at
between them which are looking at these very issues. This is something we are going to be very vigilant on, we are going to be very vigilant on, something the world needs to be vigilant on, as these models advance rapidly.
14:53
Viscount Stansgate (Labour)
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I agree with my noble friend that is important to get it right but in
addition to the consultation, would it be the case that any future
proposed bill would be subject to pre-legislative scrutiny to enable both houses of Parliament to look in more detail at these very important
issues?
14:53
Lord Vallance of Balham, Minister of State (Department for Science, Innovation and Technology) (Labour)
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I thank my noble friend. What I
can say is the consultation which is at the moment in the process of being developed will need input from
everybody. It is important we get the right people looking at what
this consultation needs. And I think it's going to be important as that consultation rolls out that we have widespread engagement right away across Parliament.
14:54
The Lord Bishop of Newcastle (Bishops)
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I'm pleased that life in the north-east of England has been
chosen as the site of a new AI datacentre and this does represent a
good investment in training and skills in transport infrastructure. However it's also the fact that data
centres do put a lot of impact on the environment, on local communities, and physically water shortage. I wanted to ask the
government what ongoing assessment is being done of the impact, particularly on water shortage, on local communities? local communities?
14:54
Lord Vallance of Balham, Minister of State (Department for Science, Innovation and Technology) (Labour)
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I thank her for that question. I gave an extensive answer on water
and AI last week. There is of
course, as we look at the new AI growth, specific requirements for those places that could host those, including the power supply but importantly including the ability to
look at how water is used. The use
of technologies to reduce water use including relocation and the types of chips that allow you to get less heat generation during the
processing and indeed the obligation to work with water companies to come
up with a clear credible plan.
14:55
Viscount Camrose (Conservative)
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... Over 150 major EU businesses
vote to that European Commission seeking a pause on the rollout of the EU's AI Act. They objected among other things to its rigidity, its compact city, overregulation, and
threat to competitiveness. What I wonder does the government make of the subject is and do they remain as
keen as they were in opposition on close alignment with the EU on AI
regulation? regulation?
14:56
Lord Vallance of Balham, Minister of State (Department for Science, Innovation and Technology) (Labour)
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The noble Lord I think it's very well aware that we have taken a rather different approach in that we are proposing regulation to existing
regulators largely rather than everything in one place. We are now
looking at an AI bill that would go across and that is what the consultation will be about. In doing
consultation will be about. In doing
It is one of those areas that is crucial to work with colleagues around the world. This is not a domestic issue, this is a global issue and one that has to be dealt
with both with our colleagues in the US and in the EU, and we will look very carefully at some of the features of the EU act which, as the noble Lord rightly says, have been
quite carefully looked at by a number of people and found there are some things there that the EU wishes to change as well as it looks as
legislation.
It goes back to my earlier answer that I think if we rush the consultation we will get this wrong. If we take the time and
do it right we could end up having the best relation in this area which will nonetheless need to change as
this advances very rapidly.
14:57
Baroness Kidron (Crossbench)
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Both the AI Opportunities Action
Plan and the Industrial Strategy outliner commitment to suffering AI
including the creation of the UK
suffering AI unit but with little detail about the timeline or the terms under which it will operate, meanwhile the government continues
to sign contracts with global AI firms across multiple government departments without reference to the concerns expressed in both houses
about the need to protect the UK's valuable datasets. Could the noble
Lord reassure the House that the UK's very valuable public datasets
are not going to be shared with international companies before Parliament has the opportunity to
understand the terms upon which it is being shared and given that the government has pushed back the
timeline of the promised AI bill, could he also explain how and when the details of what constitutes UK
suffering AI is to be established? -- Sovereign AI.
14:58
Lord Vallance of Balham, Minister of State (Department for Science, Innovation and Technology) (Labour)
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The noble Lady will be aware that
we have allocated up to 2 billion
for AI, and five for AI, and 5 million on sovereign AI. That will look at the features which of course
includes data, includes hardware,
includes software and one thing that I can tell the noble lady, which I
hope you will be pleased with, is that there is a program on the creative content exchange in the creative industry which is specifically designed to look at how
data from the Creative Industries Council pull together in a way that
is easier to licence and easier to understand what has happened to it and easy-to-use appropriately in an AI setting.
14:58
Oral questions: Availability of weight loss medications
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Third Oral Question.
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I beg leave to ask the question standing in my name on the Order Paper. And in so doing declare
14:59
Baroness Blake of Leeds (Labour)
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Paper. And in so doing declare something of an interest in that I
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have used them, and they work. I look forward to the noble
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I look forward to the noble lady's testimony. The medicines are already available to eligible
already available to eligible patients attending NHS specialist weight management services. In June, the NHS began making managerial
the NHS began making managerial available through primary care,
around 220,000 adults will be considered for the drug in the first three years, access being revised by
three years, access being revised by
clinical need. We are committed to expanding NHS access and will work closely with industry and local systems to identify innovative ways
15:00
Baroness Stedman-Scott (Conservative)
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to do this. I thank her for her answer and
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I thank her for her answer and credit where it is due, to achieve that number, benefiting from the
that number, benefiting from the weight loss jabs is absolutely terrific. I would like to challenge
noble Baroness the Minister to be a little bit more creative, not her personally but the government, in that there are people in this
country who cannot work because of the conditions resulting from obesity. And if we added up the
money that we spent on government programs, on different drugs to compensate for that, and then we looked at the cost of the drugs,
it's worth a pilot I think of trying
to be a bit more creative, otherwise we know the cost of everything and the value of nothing and I wonder if she will talk to our noble friend
Baroness Sherlock in the DWP to see
Baroness Sherlock in the DWP to see
15:00
Lord Vallance of Balham, Minister of State (Department for Science, Innovation and Technology) (Labour)
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I think it's fair to say everyone knows how significant this is. Not only the personal cost of not helping people but also the cost of
not helping the NHS and the cost to the economy and the wider society.
The truth is around 3.4 million adults in this country could be eligible, and talking to ICBs the
rollout on that scale has to be taken very seriously. So that
systems don't fall over. It's a priority, other weight loss methods of course are ongoing and will continue alongside.
But it is
something we will continue to work
exceptionally hard to achieve.
15:01
Lord Rennard (Liberal Democrat)
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I also am a user of Mounjaro, and
I helped facilitate the introduction of continuous glucose monitoring
into the NHS. Isn't it a fundamental problem that the codes of process for the National Institute of clinical excellence is actually far
too short-term? It puts too much weight on short-term cost savings to
the NHS, and not enough long-term analysis of the benefits to the economy and of things like emotional
well-being, which is priceless.
15:01
Baroness Blake of Leeds (Labour)
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I completely concur with the
noble Lord's last comments. The issues around weight choices, food choices are exceptionally complex.
But the impact on emotional health is enormous. But we have to work
with the systems, work with the life sciences sector, making sure we do
proper longitudinal studies that can help the NHS in its decision-making
process. I can't comment on NICE
procedures around this, but it is regarded as an absolute priority for
everyone involved.
15:02
Lord Watts (Labour)
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Who's responsible for obesity to
actually pay a contribution so they can extend this service.
15:02
Baroness Blake of Leeds (Labour)
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The noble Lord is right that, of
course, there is a lot of attention
to the food industry. And that is why so many programs are now being
targeted against the advertising for children et cetera. We will continue
to work to make sure that those
industries take due regard of the impact of their products, and do everything we can to improve regulation. regulation.
15:03
Lord Balfe (Conservative)
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One of the problems we have is
that a number of medicines which are
not available on the NHS, I think in particular of medicines for prostate
cancer. I happen to know that the DHSC is currently looking at a
regime for these. I wonder whether
the noble Baroness could look at the United States, where at least in
some states there is a limit on the amount of profit that can be taken
from privately supplying the medicines.
In other words, get a costing regime. And also whether
they could slightly widen their
range of consultees on this matter, so that it might include some noble
Lords in this house who have been writing to the Department now for about six months attempting to get a
dialogue going.
15:04
Baroness Blake of Leeds (Labour)
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The noble Lord is absolutely right that the interest in this area
from this House and the other House has been very high. I think it's because of the progress that has
been made. Of course everyone looks
at practice, both in this country
and in other countries. To inform how we work ourselves. There is no doubt though that those who can
afford to pay having access privately is making a significant
difference to those people, what we want to make sure is that we move forward so that treatment is available for everyone.
15:05
Baroness Boycott (Crossbench)
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I think everyone welcomes the advent of these drugs for people who
have serious weight problems, but what happens when they come off? And also what is the government doing to
ensure we have a much healthier diet available to people of any income,
anywhere they are? Because frankly
if you're diet becomes one Coca-Cola and one hamburger instead of five times that then in the long term this won't affect your health, it
might get your weight down but you are a malnourished human being.
15:05
Baroness Blake of Leeds (Labour)
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There's no doubt that when these injections are working alongside
weight management treatments, around
education on diet generally and exercise, all the issues the noble Lady raised. The chance of success is far greater. What we need to
understand is the longer term impacts of being on these drugs, whether it will be safer people to
be on for longer. And what the challenges are as well as the opportunities, there are
opportunities coming forward for other areas of medicine from the use of these drugs.
15:06
Lord Kamall (Conservative)
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Given what the noble Lady the Minister has your set and the previous question, of course as
we've heard from noble Lords these medications have the potential to reduce obesity and long-term cost to
taxpayers. Unfortunately, a recent
study by MHRA has found a group of these drugs including majority --
Mounjaro and Ozempic could have health problems affecting the
pancreas. What is the longer -- long-term impact on health? What
assessments has the government made, what data does it have and is equating for? And how do we ensure
that when patients come off these medications that they don't just put all the weight back on? How do we
make sure it's part of a wider program to keep the weight off? program to keep the weight off?
15:07
Baroness Blake of Leeds (Labour)
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Quite a few points made there. I think the noble Lord is referring to reports about acute pancreatitis for
example, MHRA had done a thorough
review in this area around suspicion with these medicines. No new safety
concerns were identified, but every time something comes up they will be looked into. He's absolutely right,
we need to support the longitudinal studies that are happening, going on
beyond the initial licensing is absolutely critical. As I answered
previously, we work with other areas to encourage healthy lifestyles and
that will be ongoing and needs to be taken very seriously from a young age.
age.
15:07
Lord Winston (Labour)
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The causes of obesity are many, not just from one or two issues. I
wonder whether the Minister has considered perhaps some kind of
pilot program might be sensible, looking at particular types of obesity. In this sort of incidents.
Just as the questioner has already asked, effectively. I agree that the long-term effects are really
important and mustn't be forgotten.
15:08
Baroness Blake of Leeds (Labour)
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The noble Lord raises a very
important point, and I would not stand on the frontbench and counter what he says. I am happy to pick his
ideas up after this session, and look at all the innovative ways we
look at all the innovative ways we can take future work forward.
15:08
Lord Forsyth of Drumlean (Conservative)
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For once I find myself in complete agreement with Lord Watts.
Isn't he right in saying we should be tackling the causes, not the symptoms? And that causes lie with
food manufacturers who deliberately produce products that are addictive, which are processed, and which form
part of the diet, the cheaper foods diet, of people in our country. And
the time has come for action, rather than advertising to children.
15:09
Baroness Blake of Leeds (Labour)
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I'm delighted to hear the
intervention from the other benches, it is something to be welcomed.
Obesity is complex, I would not like to stand here and put it down to one
cause. There are multiple causes, as we've heard earlier around mental
health issues, so many. But everything needs to be on the table.
It is a serious issue, costing this country and around the world dearly. And we do need to have a look at
everything.
15:09
Oral questions: Regional effects of the reduction in staff costs for NHS England
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Fourth Oral Question, Lord
Scriven.
15:09
Baroness Blake of Leeds (Labour)
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I beg leave to ask the question standing in my name on the Order
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Paper. Work is progressing at pace to
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Work is progressing at pace to develop the operating model for the
develop the operating model for the future department. And I can confirm there will continue to be seven regional teams. It is only right that the potential impact of the
that the potential impact of the reforms are carefully assessed and understood. The government is committed to ensuring that once the
committed to ensuring that once the necessary appraisals are finalised all relevant information is made
all relevant information is made accessible to Parliament.
This includes the impact assessment that will accompany the primary legislation.
15:10
Lord Scriven (Liberal Democrat)
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legislation. In absence of any assessment, including the work NHS England does
including the work NHS England does on health inequalities, coupled with last week's decision to put £100
million of support from five Integrated Care Boards, three of
which serve highly deprived areas, on what basis can the Minister guarantee this course of action will
not jeopardise efforts to reduce health inequalities and indeed risks widening them further? widening them further?
15:11
Baroness Blake of Leeds (Labour)
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Tackling health inequalities is one of the priorities of this
government. The noble Lord raises an important point, it is a sad fact that around the country people's
experience of health services and
health outcomes are very variable. But we need to allow the people
looking into this to do their work, bring forward solutions working with
ICBs and looking at how we can become far more efficient in our delivery of services, which will
ultimately have an enormous benefit to patients.
to patients.
15:11
Lord Kakkar (Crossbench)
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I draw the noble Lord's attention to my registered interest as chairman of Kings health partners. At the decision -- at the time the
decision was taken to integrate NHS England to other agencies were incorporating their operation into
NHS England, namely NHS Digital and NHS education England. The function
of those agencies in terms of marshaling NHS data and analysis and providing for the continuing
development of the NHS workforce are absolutely critical. Is the noble Baroness the Minister able to
confirm how those important
functions are being protected during this period of transition of NHS England into the department?
15:12
Baroness Blake of Leeds (Labour)
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The noble Lord as always raises exceptionally important points. I
think the three shifts under the 10 year plan, particularly around
analogue to digital, answers the issue around the need to focus on
digital. But these are ongoing discussions, whilst the workforce
will come down it is critical this work is allowed to assess what needs
to be done, how we can move the health service and therefore health
outcomes forward in the most
productive and successful manner.
15:13
Baroness McIntosh of Pickering (Conservative)
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Undertaking an audit of the NHS
estate, for example in North Yorkshire, to see if there's a
number of redundant buildings following successive reorganisations of the NHS. If it was to emerge that
some of these buildings are redundant would the government be minded to sell them off and raise
money for the NHS in that way?
15:13
Baroness Blake of Leeds (Labour)
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The point the noble Lady raises is not a new point. Anyone from the
local government sphere will know
there are always ongoing conversations about estate and where it lies, and ownership and how they
can move on to the future. I don't think anything has changed. What we
know is through these changes the alignment of public services is going to be absolutely fundamental.
Use of buildings is a vexed issue across the public sector and will
need to be on the table.
15:14
Lord Hunt of Kings Heath (Labour)
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Coming back to Lord Scriven's question about assessment, does she
think it might be a good idea to do an impact assessment on the NHS
England itself? Which both parties opposite forced through in 2011, it
cost 3.11 billion, as a result
waiting times increased, patient satisfaction went down. Should we have an impact assessment on that? have an impact assessment on that?
15:14
Baroness Blake of Leeds (Labour)
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This is evidence that is becoming only two clear, and why the
government has taken the action it has taken to move at pace towards dealing with the situation. Too much
money is going into bureaucracy, not enough money therefore into frontline services. This needs to
change. And has actually been welcomed from all sides of the house.
15:15
Lord Kamall (Conservative)
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I'm sure many noble Lords would
agree with increasing staff whether it's duplication or making more stuff available for frontline staff. However given there was no impact
assessment as noble Lords absurd, given there was no impact assessment before the announcements were made
can the noble Lady the Minister tell the house how the government will
ensure frontline services will not be impact impacted it specially in areas of high deprivation? areas of high deprivation?
15:15
Baroness Blake of Leeds (Labour)
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There is a commitment running throughout this the frontline services are not going to be
affected by the work that continues. The decision was taken to move swiftly, impact assessments will be
done as we go through the journey. And the other commitment the government has made is that this is
going to be as transparent a process as possible. Parliament will be kept
fully appraised, of the work that's down and particularly how frontline
down and particularly how frontline
15:16
Lord Young of Norwood Green (Labour)
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The point I want to make in relation to that is that, what has
been decided is that it's no good just throwing more money at the NHS, you have to reform it at the same
time. Isn't that an important factor? The need to reform the NHS?
Making sure that it is providing
better services, rather than just thinking that more money is the answer to the problem when we know that this hasn't been the case in
the past.
15:16
Baroness Blake of Leeds (Labour)
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My noble friend I think is
referring to the layers and layers of bureaucracy that makes up NHS
England. Anyone trying to find a way
through that bureaucracy struggles to have direct lines of accountability, for example. He's absolutely right. Reform is
absolutely right. Reform is
essential. And this government is
moving forward and working at pace, bringing in all the senior people from all the different affected parties to work together, and most importantly, to keep Parliament appraised of progress.
appraised of progress.
15:17
Lord Polak (Conservative)
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The question was about 50%
reduction in staff costs in the NHS. Has the noble Lord the Minister department discussed this with
resident doctors who apparently will shamefully have plenty of spare time
to give their advice?
15:17
Baroness Blake of Leeds (Labour)
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We had a statement on the situation with resident doctors last
week and we made absolutely no bones
about saying do not approve of the action that they are taking. We want to work together to make sure that
the NHS England moves forward, merges with the Department for
Health and Social Care, 50% is not
just a definitive decision. It will be done based on need and delivery of services. of services.
15:18
Lord Grocott (Labour)
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Could I return to the question...
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Forensic analysis of the performance of the coalition
performance of the coalition government on health by my noble friend Lord Hunt, and he mentioned the figure of 3.5 billion which I
the figure of 3.5 billion which I know my noble friend was not able to respond to at the moment but wouldn't it be very useful and enlightening for all of us if we
enlightening for all of us if we knew precisely how much money was wasted by that coalition government
15:18
Baroness Blake of Leeds (Labour)
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at the time? I can only say that forensic work
is continuing at the moment will uncover what has happened over the last few years, but I think all of
us know the NHS at the moment is not
fit for purpose. There needs to be radical change. It's something that this government is absolutely committed to and we will make sure
it happens at pace safely, putting the patient's front and centre of
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the delivery of health services in this country. Returning to the question of my
15:19
Baroness Hussein-Ece (Liberal Democrat)
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Returning to the question of my noble friend Lord Smith on health and qualities, the possible impact that, how they might be impacted by
that, how they might be impacted by the proposed changes, could the
Minister please reassure us that the widening how the qualities that we know exist around the country will
not get worse, critically for those
of us who are most honourable, particularly those with learning difficulties we now face tremendous
access problems as well, and there have been numerous studies on this,
on her accessing primary healthcare for those with learning difficulties is a real challenge.
Could you
reassure us that is not going to be dropped?
15:19
Baroness Blake of Leeds (Labour)
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My experience of the COVID virus
taught me about the impact of health inequalities and where people suffered the most. It's absolutely imperative for this government to
look at health inequalities and everything through the 10-year plan
is based on that premise. We know
how unequal services are, we know how unequal life expectancy is. We know some people living just a few
miles down the road in the same city can have more than a 10 year difference life expectancy.
This is
absolutely at the centre of the 10-
year plan. While you're doing it and
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why we are going to deliver for patients in this country. That concludes Oral Questions for deliver. I have to notify the House in accordance with the Royal assent
in accordance with the Royal assent act 19 67, that His Majesty The King has signified his Royal assent to the following acts. Supply and appropriation Main Estimates Act,
appropriation Main Estimates Act,
2025. Product anthology act, 2025. Football governance act, 2025. And
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Football governance act, 2025. And We will have a short break before
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We We now
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We now come We now come to We now come to instruments previously debated in Grand
15:22
Business of the House
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previously debated in Grand Committee. Baroness Hayman of
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Ullock. I beg to move a motion tanning in
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my name on the Order Paper BP. The question is that the motion be agreed to. As many are of that opinion say, "Content", and of the contrary, "Not content". The
contrary, "Not content". The contents have it. Armed Forces Act
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contents have it. Armed Forces Act 2006 continuation, Lord Coaker. I beg to move motion standing in
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my name on the Order Paper be approved. The question is that this motion be agreed to. As many are of that opinion say, "Content", and of the
opinion say, "Content", and of the contrary, "Not content". Online safety super complaint eligibility and procedural matters Regulations
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and procedural matters Regulations 2024 I've, Baroness Jones of Whitchurch. I beg to move motion standing in
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I beg to move motion standing in my name on the Order Paper. As many are of that opinion say, "Content", and of the contrary, "Not
content". The contents have it. Legislative Reform Orders of adult
Legislative Reform Orders of adult social to order 2025, Baroness Anderson of Stoke-on-Trent.
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Anderson of Stoke-on-Trent. I beg to move the motion standing in my name on the Order Paper. As many are of that opinion say, "Content", and of the contrary, "Not
"Content", and of the contrary, "Not content". The contents have it. Electricity and (No. 2) Regulations,
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2025, and one of the motion. I beg to move the motion standing in my name on the Order Paper en
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bloc. As many are of that opinion say, "Content", and of the contrary, "Not
content". The contents have it. Third reading of the House of Lords
Third reading of the House of Lords (Hereditary Peers) Bill, Baroness Smith of Basildon.
15:24
Baroness Smith of Basildon, Leader of the House of Lords and Lord Privy Seal (Labour)
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Smith of Basildon. I have it in command from His
Majesty looking to acquaint the House that His Majesty haven't been reformed of the... Has consented to
place a progressive interest, so far as they are affected by the bill and
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the deposed of Parliament for the purposes of the bill. I beg to move this bill be read 1/3 time. The question is that this bill be
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The question is that this bill be read a time. As many are of that opinion say, "Content", and of the
opinion say, "Content", and of the contrary, "Not content". The contents have it. After close three, Amendment one, Baroness Smith of Basildon.
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Basildon. I rise to move Amendment one and speak to amendments one, two, three,
speak to amendments one, two, three, four and six. In committee and report the House considered the amendments tabled by the noble Lord
amendments tabled by the noble Lord Lord Ashton of Hyde regarding the sensitive matter of allowing peer to
sensitive matter of allowing peer to lack capacity to be able to retire
lack capacity to be able to retire through a power of attorney. The noble Lord agreed to withdraw his amendment so we could consider and discuss the issue further.
I'm
discuss the issue further. I'm grateful to noble Lords and the
grateful to noble Lords and the
grateful to noble Lords and the noble Lady Baroness Prentis for meeting me after report discusses issue. I would like to thank also the noble Lady Baroness Browning has
the noble Lady Baroness Browning has engaged with me on this issue. It's an issue many of us have personal
an issue many of us have personal experience of and feel passionately
about. As I have said, I think we're trying to get to the same place on this matter and there is agreement across the House on the position that members who lose capacity
should be able to retire with the dignity deserve.
As I noted in
previous debates, after becoming leader formally raised this matter with the clerk of the Parliament and
sought my own legal advice, and I have discussed with this with a number of noble Lords, the usual channels and the clerk of the
Parliament. Following the debate in committee I was grateful for the support across the House, and as a
result a solution was agreed by the committee. The clerk of the Parliament confirms to accept notice
of this nation in retirement submitted to him by a person acting
on behalf of Apia who had lost capacity.
Where that person holds
either a lasting power of attorney, executed under the personal capacity
act,... Made prior to 2005 act. Following discussions with noble
Lords the debate at report it became clear that in view of the House it would be preferable to find a
solution in statute, that would put
it beyond doubt that the lack capacity are able to retire via power of attorney. The solution
would... As leader and as the house,
we have a duty to get to this right.
I committed to engage in further discussions on the issue and I believe the amendments tabled in my
name now present a solution that will satisfy the concerns that were
raised in previous debates. I will briefly outline this for the position of the House. Amendment one
in my name makes clear that a notice under section 1 of the House of Lords Reform Act be given and signed by a person acting on behalf of who lacks capacity. And provides that
such a notice must be given and signed in accordance with standing orders of the House.
It will then be
for the standing orders and any associated gardens of the companion
both of which will be subject of the Procedure Committee and then the House to set out how the arrangements are to operate in practice. That will be subject to
further work discussions that I hope will start over the summer recess so
will start over the summer recess so
the standing orders and the guidance replaced as soon as possible. I would expect them to include the details of the source of instruments
under which the clerk will accept notice of resignation on behalf appear, the requirements on a
person, and the steps to be taken when that notice is received.
I would have course consult those
noble Lords who expressed interest
in the area including those who have signed the amendment and the usual channels. Can I say, I'm very
grateful for the support from across the House for these amendments. These are the only amendments to have attracted the support of all
the usual channels, and I'm grateful for that. I think this approach provides the certainty noble Lords have sought on this issue, but it
also reduces the risk of wider
ramifications on the existing legal framework capacity and powers of
attorney.
And return to subject have raised before it gives the House ownership of the details of these arrangements allowing us to make modifications as and when required.
This is so the House can remain idle and responsive to ensure they remain
workable, particularly in the event of any future changes. In resolving
this issue, I have decided to table amendments to make alterations to
the commencement provisions in the bill. This is to ensure that the
families of P is who wish to avail themselves of these new arrangements do not have to wait until the end of the parliamentary session.
As a
result, I now intend for the bill to come into force on Royal assent.
Specifically and only in relation to the amendments I have tabled in the power of attorney, that is Amendment
three. The other substantive provisions of the bill will commence as planned, at the end of the
parliamentary session in which it receives Royal assent. I wish to
thank noble Lords again for working instructor free on this issue. I have listened to the house's view on
this issue, at every point, to seek to find a solution.
At committee I listened and acted and I put forward
a solution at report. And I do feel this amendment provides a certainty and durability that House was
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seeking. I beg to move. Amendment proposed, after close
15:30
Lord Ashton of Hyde (Non-affiliated)
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three insert the following new clause as printed on the marshalled list.
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Grateful to the noble Lady lead the lead of the houseful coming up with and discussing this elegant
with and discussing this elegant solution of removing Amendment one and the consequential amendments, all of which I fully endorse. They
all of which I fully endorse. They will be more comprehensive than my
will be more comprehensive than my original amendment, as soon as the detail has been addressed in the standing orders, and there will be a resolution to the problem which faced all parties and groups in the
faced all parties and groups in the House.
In her speech the noble Lady leader acknowledged and took into
leader acknowledged and took into The house will be given a chance to take the view on their merits. They will be able to be changed
will be able to be changed relatively easily if necessary, for example if the power of attorney regime changes in the future. May I
regime changes in the future. May I also thank the noble and learned Lord Garnier, Lord Keen, Baroness
Lord Garnier, Lord Keen, Baroness Prentis, and Lord Pannick for their
Prentis, and Lord Pannick for their assistance and advice.
In thanking the noble Lady the leader, I'm sure
it won't have escaped her notice that the only backbench amendment to
the historic House of Lords (Hereditary Peers) Bill, subsequently adopted by the government, was initiated by a
Hereditary Peer. Not an important factor I admit, but perhaps a
footnote to a footnote in history. footnote to a footnote in history.
15:32
Lord Pannick (Crossbench)
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In my Amendment one I did provide the best solution to a sensitive problem. There is at present
uncertainty as to whether noble Lords who lack capacity can resign
from the House. The legislative
provision is required to remove the uncertainty, but the risk with legislation on this complex topic is
that it may fail to capture all of the relevant criteria. It would then
be very difficult to amend. So the neat solution adopted by amendment
one is to provide statutory authority for standing orders of this House to regulate the matter.
The complexity of the issue remains, however. That it can be addressed in
detail with the drafting of the standing orders, and with the assistance of the expertise in this
House. You could never have too many
lawyers. I am very grateful to the
noble Lady the leader of the House, because she has responded speedily and effectively with the
considerable assistance of the build team on this important issue that
was raised at early stages of the bill, as said by Lord Ashton.
15:33
Lord Hope of Craighead (Crossbench)
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I pay tribute to the noble Baroness the leader of the House for
all the work she and those in her office have been doing over many months to find a solution for this
problem on behalf of the families of
peers who lack capacity. It was the families particularly I know she has
in mind, the solution which has been adopted is an agile one as has been said. It does mean that House has
ownership of the drafting of the standing orders and the mechanisms
that are necessary.
As it happens that's exactly the kind of solution the Supreme Court found itself in
2009. It was provided with a set of rules that could only be altered via
Statutory Instrument, what they decided instead to resort to practice directions of their own advice that can be flexible and changed as circumstances required.
So the mechanism is ideal, and very
much welcomed. Lastly I would like to particularly welcome Amendment
three, which characterises the thoughtfulness of the noble Baroness herself because it means that the
measure will come into force on passing of this bill and not have to wait until the end of the session.
That surely is absolutely right. My
thanks particularly go to the Baroness herself for the work she did long before Lord Ashton brought
forward his amendment.
15:34
Lord Garnier (Conservative)
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In endorsing what the noble Lord
has just said, I think it would be remiss to allow the noble Lord
remiss to allow the noble Lord
Ashton to hide behind his natural diffidence, without him this would not have happened. And we owe him a
great debt, as do the families of those peers in future who may wish to make use of this particular
provision. Of course I thank the noble Lady the leader for her
assistance in this matter.
It's regrettable that this looks as though it's the only amendment to this bill that will survive to Royal
Assent, but at least this is a good amendment and one we can all
celebrate.
15:35
Lord True (Conservative)
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On this side I put my name to the
amendment, and I would like to underline thanks that have been expressed to all the various people
that have been mentioned. Including the lawyers who played a very
important part in this. I think that the noble Baroness the leader tried
the noble Baroness the leader tried
very hard to find an appropriate and successful solution to this. Many people, including Lord Ashton, Lord
Pannick and others, felt it was safer to have a legislative
underpinning.
I think the noble Baroness Harris accepted that and
has put a very constructive amendment to the house. I would like
to thank her for that. I would I like to also note and thank her for
the clear and firm assurance she gave on amendment three. I haven't
had much engagement with them, but I would like to thank the bill team
for their work. Some faces are quite familiar to me and I know they will
have given great service to the government.
It would have been good to see other minor incremental
changes perhaps made in the course of this bill, and there were some ideas floated. But let's hope we can
find some other occasion to take those things forward. In the interim I am happy to have associated my name with this amendment, which
carries the support of your Lordships on this side of the House.
15:37
Lord Parkinson of Whitley Bay (Conservative)
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I rise briefly to speak to amendment five, the other amendment in this group. It is a small change, consequential to the amendment your
Lordships made during our first day
on report. Since the bill now seeks to abolish the system of hereditary by-elections, to let those who
currently sit in the House leave in the same manner as the rest of us, that is by one of the roots set out
in the House of Lords Reform Act 2014, or by some far higher authority, amendment five changes
the requirement in clause 64 amendment five changes the requirement in clause 644 their rates of sums to be at the end of
session as originally proposed.
I'm grateful for noble Lords from all
corners of the house who supported
this. I believe it's consistent with the governance manifesto commitment, but as well as being kinder and less abrupt it is more consistent with
the way we have treated other groups of noble Lords who have had their
time in this House brought to an end. The Irish peers in the 1920s, and the Lords after 2009. I also
want to thank the noble Baroness the leader for her support, and echo the
comments that have been made about the amendment on power of attorney.
I know it's often awkward for those
of us in this House to debate the composition of the House or confront
the consequences it has for our members. But she has been clear throughout in her praise for the
public service given to our hereditary colleagues over many years, I thank her for saying that
throughout. I thank her as well for the consensus she has achieved on the amendments she has brought
today. I think it's a very good thing that an amendment is going to
the other place bearing not just her name but Lord True, Lord Newby and
Lord Pannick.
At -- I hope we can find some other areas of consensus but I'm grateful for this one. but I'm grateful for this one.
15:39
Baroness Smith of Basildon, Leader of the House of Lords and Lord Privy Seal (Labour)
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I think it is good we have found
an elegant solution, I am happy to
take it on this occasion, an elegant solution to a problem we all recognise. Have to say to Lord Parkinson, I didn't realise there
had been an awkwardness in the House about discussing measures about this
bill. I think I know what he means. On my amendments I am very grateful to all noble Lords who supported
them, particularly the leader of the opposition who added his name and others as well.
In that spirit, I
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beg to move. The question is that amendment
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The question is that amendment one is agreed to. As many as are of that opinion, say, "Content", of the contrary, "Not content". The
contrary, "Not content". The contents have it. The question is that amendments to to for be moved en bloc. As many as are of that
en bloc. As many as are of that opinion, say, "Content", of the contrary, "Not content". Contents
contrary, "Not content". Contents habit. The question is that amendment five be agreed to. As many as are of that opinion, say, "Content", of the contrary, "Not
"Content", of the contrary, "Not content".
The contents have it. The question is that amendment six be
agreed to, as many as are of that opinion, say, "Content", of the contrary, "Not content". The contents have it.
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contents have it. I beg to move this bill do now past. The other place admitted the
bill to this hausfrau scrutiny in December of last year. Since then we have spent eight days, nine
have spent eight days, nine including today, considering the legislation, a total of 51 hours of
legislation, a total of 51 hours of scrutiny. A total of 146 amendments were tabled in committee, with 124
were tabled in committee, with 124 debated and a further 36 tabled a
debated and a further 36 tabled a report stage.
The government is grateful for the debates we've had on the bill. I want to thank the
usual channels on amendments regarding the power of attorney as
well as number of other members who have contributed to the wider
debates in this House. With regards to progressing further reform of your Lordship's House, I've already
spoken about my intention to
establish a dedicated Select Committee on the issue of the timing and participation and the impact that would have on the site of the
House -- the size of the House.
I look forward to progressing those issues during the passage of this
bill. Before I draw to a close throughout the passage of this bill I have been ably assisted by a first rate team and other officials
behind-the-scenes. I want to thank them for their hard work, Lady
Anderson common Lord Collins, the Attorney General, I'm also grateful to the number of noble Lords who
over several months met me both
privately and in small groups to discuss the issues they had particular concerns with or suggestions they had for the bill.
A
number of noble Lords have followed the journey of this bill from the beginning, and it's been quite a
journey. It will now go to the other place with amendments as Lord
Parkinson said, and will no doubt return to our House for further review. It is my hope we will
deliver on the government's manifesto commitments on this bill and see legislation on the statute book as soon as possible. I beg to
move this bill do now past.
15:42
Lord True (Conservative)
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I thank the noble Baroness the Lord Privy Seal for her moly and
words. I hope during the time that elapses between now and our return
in September careful thought will be
given by this place and the other players to the merits of the amendments and debates in your Lordship's House. I hope the
government will think positively, if not in the context of this bill, about proposals your Lordships output that all Ministers in your
Lordship's House should be paid.
And
we reaffirmed the right of the monarch to create peerages that do not require the holder to sit in this place. I think those ideas are
worth taking forward. For my own part, and I would venture to suggest
in the hopes of many other noble Lords, I would like to think the
joint amendment on power of attorney could be the symbol of other accords that might be reached as this reform
goes forward. I remain committed to the principles I set out at the beginning of our committee stage,
which include along with a more reasonable attitude to those of our
colleagues who have sat among us, a voluntary understanding to address
perceived issue of numbers and the reinforcement of the conventions on the conduct of this House and its relations with the other place.
That
would actually liberate this House from the unnecessary late nights
that no one here enjoys. I do hope that would still be possible, for
without the fullest trust, respect and goodwill between the government of the day and His Majesty's
opposition, and I value the candour and friendship with the Leader of the House, but without goodwill between the government of the day and the Opposition days House cannot
function. The brutal reality is the full exclusion of over 80 peers does
not evidence for respect, it cannot be the basis of full goodwill.
Be that as it may, in asking my
colleagues to agree that the bill do now past, which I know many on this
side in their hearts regret, I do
invite the whole House to assent to the principle that no person should again enter this House to any degree
by right of hereditary. That has long been the professed wish of Labour and Liberal Democrat benches.
My only regret now is that it's not been accompanied as was promised and honoured in 1999 by properly worked
out proposals for reform.
The richest people have never been asked
to assent to and all appointed house in perpetuity. This bill as presented would have left along with
a sprinkling of bishops a House of Life Peers created by a statute
passed as recently as 1958. An all appointed house, which is almost
unique in the world. No other liberal democracy would long
tolerate that a Prime Minister of any party, even one like Mr Faraj's not yet represented here, should
have full control of the numbers of people sent here.
And add to that
the untrammelled power to purge and throughout members of the sitting legislature. Such a constitutional
settlement could not and should not
settlement could not and should not
The passing of this bill, there's
also the history of a part of our kingdom and perhaps it is right to refer to it because in those centuries, much that was good and
great, and in the widest sense noble, was accomplished, from the curtailing of the absolute power of
the monarchy in mediaeval times and to the glorious Revolution, to
wooden initiatives like that of my noble friend Lord Allan's father and the first freeing of gay people from
the shameful odious penal laws in 19 67.
It was then a different
building, but it was here as Prime Minister that the first Duke of Wellington carried catholic
emancipation. It was here as Prime Minister the first Belgrade carried the great reform Bill. For centuries
in this place, until now, Hereditary
Peers of all parties came with a high and unfailing sense of duty to serve and give good counsel to the fullest of their abilities. We see
that same spirit here today in so many of our friends and colleagues.
We should honour them and effort remember the great achievements.
It
was a forebear of my noble friend the Earl of Effingham to lead our
resistance to the Spanish Armada. It was a member of this House, Viscount
Nelson, who fell in his country service at Trafalgar. It was a grandson of the Duke so Winston
Churchill stood at the Dispatch Box and rallied our country in the darkest days of the war. Indeed it was that same Dispatch Box the
grandfather of my noble friend Earl Attlee stood and carried the case
for the creation of the NHS to which my noble friend is that living
memorial.
In our full and final removal of hereditary succession
from this place, let us not turn our backs on what the principle of hereditary and family have meant and must always mean in our society and
every healthy society. It is in order to create, assist and bequeath
to the children who come after them, that millions of working families go
out each day to strive, toil. It is from good parents that millions of
young people across the generations learn their skills and values.
Poetry is part of who we are and
what we strive to be -- hereditary.
The Labour Party has one. No hereditary peer will ever again take their oath at this Dispatch Box. But
I submit it is not necessary on top of that with to wield brutal acts on
our colleagues who sit here now. That is what the amendment passed by your Lordship's House for
grandfathers rights ask the government to moderate. There is a chance, and there's a choice, to
temper historic victory with
magnanimity in that victory.
Such a statesman like choice would benefit this House in keeping members we
value, and at the same time, unleashed a spirit of goodwill that
I believe could carry Castle together through the rest of this
together through the rest of this Parliament. -- Arias altogether. -- Carry us altogether. Carry us altogether.
15:49
Lord Newby (Liberal Democrat)
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The bill is exceptionally short. But the recent it's occupied 51
hours of your Lordships time is that the bill has been used as an
opportunity to discuss the future composition of virtually every possible aspect of a future
composition, and the powers of your Lordship's House. And as those unfortunate to hear my contributions
will know, have argued consistently
that there should be an elected house, and moved instantly which would deal in one full sweep with
the noble Lord Lord True's worry about the excessive power of the Prime Minister in his or her ability
to create new piece.
Sadly, your Lordship's House did not agree with
me and those on our benches on broader reform, but it has done
already one useful bit of tidying up in terms of the agreement that was
reached on the power of attorney and it's also helpfully I think,
demonstrated a fairly considerable
degree of consensus on what are likely to be the next elements of reform, namely the need to have a
retirement age and the need to set
at least low bars in terms of participation.
And I think now,
having heard the arguments on those issues, and discovered that there is
a very considerable degree of agreement about the principles of them, I think the noble Baroness's
proposals for Select Committee is timely, but we mustn't let the grass
grow under our feet, and it's important that this committee is established, secondly that it works
with a set timetable, and a spring forward proposals to your Lordship's
House, so that we can be invited to agree on those proposals in the near
future.
Because there are many good things about your Lordship's House
but some of them were debated and exposed some length during the
debate and we have it in our power to deal with some of those quite
quickly. I think for the good of the House and of democracy we need to get on with it and from these benches we look forward to paying
our part in doing so. I should finally say that I have been guided
through the shells and perils of the bill by Elizabeth, In-N-Out whips
office, without whom I may well not have retained what sanity I have and
I'm extremely grateful to her.
15:52
The Earl of Kinnoull (Crossbench)
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The rest of the bill at ping-pong will play out I suppose in September
but really I would add my voice to saying that the most valuable thing that is going to, out of the bill is the committee which will consider the further reforms and for my part
I want to go wider and deeper, I
know that the noble Lady the Baroness our leader would prefer it
to be a bit narrower in order to get things through in a reasonable time.
The committee of course will be a vital work stream for us which will
produce I hope quite a few ideas which, around which consensus will
be built and it is very good that we have already had the first of those
ideas which is the power of eternity one which was being discussed earlier on. I hope further and this
is the depth of the committee, will bring forward mechanisms where the ideas can be something which me from things that are talked about to as
you move things that represent real change, to our house, which we have
so long wanted.
Thank you. so long wanted. Thank you.
15:53
Lord Strathclyde (Conservative)
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Second reading I called this bill a nasty little bill. And I did so
because it failed to see any kind of consensus on a serious reform of the
House had failed to advance an important constitutional matter with
cross-party agreement. But the bricks with which to build that consensus to exist. And this bill
leaves your house today amended. And it's amended fairly, moderately and
sensibly. And so I wish it well. I hope the mood of friendly consensus
continues.
And that the other place will give our proposals the consideration they deserve, although
I must admit it is not easy to accept that my time here is nearly
over. We will accept the mandate
that the government has to end the involvement of a hereditary principle as a route of entry to our
house but I joined my colleagues of full benches, still wondering why those of us already serving here are
due to be flung out. I look at the noble Lord the convener of the
crossbenches, my noble friends Lord Howell and Lord Porter and and all
the myriad members who still give so much service to the House.
Even on the Liberal Democrat benches, the
the Liberal Democrat benches, the
noble Viscount Lord Thurso who is sadly not here, but Lord Addington who has kept those benches quarrel at on so many late nights, and as
at on so many late nights, and as
for peers who sit behind the government, such as the noble Viscount Lord Stansgate, who has made such a good impact on the House in the few years he has been here.
Will the government really be better off without him? The noble Baroness
the leader of the House of course listened carefully to the arguments
but she has never answered the essential question.
Why have these, what have these sitting
parliamentarians done to deserve
being shown the door in such a way? Your Lordship's House, I'm glad to say, sees things rather differently,
and an amendment to the bill has been passed which insists that there should be arrangements made for P is
who wish to state. It would be a sign of strength that the government
should indicate that it will now seek and accommodation with my noble friends Lord True and the convener
on a realistic number of peers being offered the opportunity to continue
their parliamentary lives.
We all know that many peers are planning to
retire. The bill now returns to the Commons. It is an opportunity over the summer recess for the government
to reconsider how it wishes to move forward on the bill. It's never too
late to appear gracious and
magnanimous, and even come. Labour's victory in abolishing heredity is
real. Need we have such a ruthless
Purge.
15:56
Lord Dobbs (Conservative)
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My may I and posters for a few moments on this matter. I think it's
relevant to embark on a significant anniversary for the Labour Party
this month, I'm not talking about the first anniversary of this government. I'm talking about the 80th anniversary of that remarkable
Labour government of 1945, led by
Clement Attlee. Captain Clement Attlee, South Lancashire Regiment,
Fort nobly, gallantly, and the
tragic military adventure, disaster, he was the last but one man to
withdraw from the beach.
An
adventure which of course the cost was in Churchill his entire
political career. -- Winston Churchill. The clock moved on. The
names of the beaches changed. The
Second World War. Go, it was gold. In the Second World War Clement Attlee formed a very special
relationship with Winston Churchill and it was a relationship, of course
they hated each other, a load each other's politics and fought hard but it was a relationship based on personal respect and tolerance. And
that relationship changed history.
Change the history of a country, change the history of the entire
world. And I think that relationship has something to tell us about to
has something to tell us about to
date. It's an example of tolerance that drives democracy. Democracy
isn't simply about the heavy hand of numbers and votes and the clenched
fist manifestoes and mandates. It's about getting things done. And
tolerance and respect is the lifeblood of democracy which enables those great tectonic plates of
politics, when they meet, to slide past each other and to survive,
rather than meet head-on.
And create fields around us. -- And create
fields around us. -- And create
chaos. One thing I think we can say about our noble registries we are just about to say goodbye to is that
it did not come here free title. Most have several. They came here
for public service. They came here to do their duty so many generations of their families before them had
done. And I wish to pay my respect
to offer my gratitude to them, and
to express my personal affection for so many of them who have served.
I think they are an example to the
rest of us in that. And I hope that
the government will take the example of that great leader, Clement
Attlee, and in the way that it
increments this bill, to show the respect and tolerance which he set
an example for. I believe that our Hereditary Peers deserve it. They
should go without goodwill, our blessing, and indeed, our
friendship.
15:59
Lord Moore of Etchingham (Non-affiliated)
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My Lords, I have attended all
stages of this debate and I have
collected a strong sense as the bill has been taken forward that the government has really seen it has something which is not because it's
regarded it as a tidying up exercise but of course it is a constitutional
and that is therefore serious. I tried to imagine how future
historians may look upon what has happened and I don't think they will see this as part of a series of
measures which gradually, like a series of measures which gradually
extended the franchise for example.
They will not be a common emancipating thread running through
it all. Instead I think historians will see as a measure which finally ended the main principle on which
the dish is constructed and replaced
Nothing will, of nothing. I would argue the principal of heredity has
more merits than these debates have allowed, it's well rooted in human
nature, though undemocratic it is
compatible with a democratic system. If you look at Freedom House list of the freest countries in the world,
10 of the top 20 are monarchies.
You might quite rightly object that none of them apart from us have Hereditary Peer edge, that's
correct. All those monarchies have second chambers which are
constituted and worked through and have been reformed. Under what's
going on now we don't have that, we won't have that, we have no proper proposals as such. In fact your
Lordships House is representational
power once hereditaries are gone is in some sense weaker than it was when it was first developed centuries ago. At least in those
days it represented powerful interests in the life of the nation, whereas we accept for the Lords
whereas we accept for the Lords
temporal are almost all here as preachers of ministerial patronage.
As well as saying goodbye and thank
you to the 86 leaving, which we have tired the sun with talking many a
time, we should consider and I look
at those present as people like
prisoners awaiting sentence. I think we should think later about this that we are doing something which is
actually quite big, for something that is rather small-minded. That is
something which one always regrets. Being a hereditary Lee minded person myself, I am proud to have
grandchildren.
If they ever asked
me, what did you do in the war for parliamentary reform, grandfather? I want to say, well my ideas, I tried
to uphold parliaments independence
and legitimacy.
16:03
Lord Forsyth of Drumlean (Conservative)
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My grandchildren refer to the Parliament building as grandpa's office. I would just like to point
out I think this is a moment when we have lit a fuse. A fuse that will
ultimately irrevocably change the nature of the Lords. And more importantly, and perhaps for those
at the other end at the House of
Commons itself. I have always been opposed to the idea of an elected
House of Lords. Partly because of my experience in the House of Commons,
and belief in the primacy of the House of Commons.
As my noble friend
Lord True pointed out, to suddenly
create a house which depends wholly on ministerial patronage is to open
the gates for the arguments we had and we have had so many years of
them, for an elected house. How can it possibly be possible to sustain
the idea that it's better to have people appointed by Prime Minister than people who are elected by the
people? If Prime Minister's have
taken it upon themselves, as an opportunity by accepting the amendment which has been made to the bill to at least mitigate it, if
people see that Prime Ministers can
remove whole groups of people whether they are hereditaries or people over the age of 80, or people
who have some other characteristic, then I think the voters will say why
should he choose? Or why should she choose, as Prime Minister? Why
should we not choose as electors? If we had an elected house, as the
noble Lord the leader of the Liberal
Democrats and I'm calling them Liberal Democrats today because he is making a democratic argument.
So I think we will find that the future
of the House of Commons will change
irrevocably as the primary chamber. That is the basis upon which all reforms have failed, when the penny
has suddenly dropped on Members of Parliament that there will be a
member of this second chamber in their constituency, that their role
as constituency MPs will be undermined. That their ability to make promises on the doorstep the
second guessed, that party management will result in the membership of this House under an
elected system being determined by party leaders, and it will be filled
with people who go along with whatever the party management wish.
Not something that I find very
attractive, I have to say. So I just hope that at the other end, in their
zeal for getting rid of hereditaries which you have done, they do not
miss the point that they have lit a fuse which may very well blow everything they believe in and
support apart. To the detriment of our country and the good management of all.
16:06
Lord Grocott (Labour)
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I'm afraid I'm going to break the
melancholy mood we have heard from previous speakers. For me, I thought
this day would never come. This
bill, which removes the hereditary principle as a basis for membership of this House, which is now
apparently supported by everyone
across the House by all political persuasions. That is news to me. I wish someone had told me that a long
time ago, it would have saved me a lot of time and trouble over many
years.
The idea that somehow or
other this is being rushed, the House is being bounced, perhaps I could be allowed to trip back just a
could be allowed to trip back just a
little way to 1994, when a bill to remove the hereditary principle from
the House of Lords was introduced in the Commons by an obscure labour
backbencher. Modesty prevents me
from mentioning his name. For over
three decades now at various levels this reform which we are undertaking
today has been gestating, if that's
the right word.
It's nothing surprising that it's happened as it
has, it's been debated ad nauseam. What does surprise me about some of the speeches that we have even heard
today is that it seems to me what is being done, maybe I will fallout
with my own side over this point, it's essentially a conservative change to the constitution. It is
incremental. It has taken place over
many years. It's already been done in substance, with no hurt to anyone
so far as I can discover, when over 600 Hereditary Peers were removed
from the House 25 years ago.
I'm not
aware of the threat to our democracy that was occasioned by that change.
I saw no amendments, I was waiting for them from some of the advocates
of no change over the years, to have put down an amendment to this bill.
They easily could have done, to reinstate the 600. To which Lord
Strathclyde is generous enough to perhaps regret he didn't do it. All
I can say is that for 31 years this
has been coming around, very gradually, far too slowly I would
say.
The frustration I felt I think many members of the House can
understand. But at last we are at
this day, when there will be no more ludicrous, I can't find the adjectives I have run out of them, farcical, unbelievable, absurd,
Hereditary Peers by-elections. I mean the title is silly enough,
without going into any detail. But I
do hope that we can learn to lessons
in particular from this episode. I rejoice that this bill is at last going on the statute book.
Of course
people are missed, they are general
elections. People come and go in parliaments. Two things we should
have learned, one I'm afraid the Lib Dems have not learned and many
conservatives I've heard recently have not, if you want reform to the
House of Lords if you go about it on the basis of changing everything,
and all singing all dancing reform of the Lords, the electoral system, the powers, the relationship with the Commons, if that's what your objective is you are going to fail.
It has failed repeatedly, how many
times? How many times we have to prove the obvious? Every time since 1911 every attempt to to affect that
kind of change have failed. The only way to do it, and I've been amazed
at the number of leading Tories who said we can't do that, it's not a
thorough reform of the Lords. The only to affect reform is the way
this bill does. That's a long considered, specifically focused
change, which is pretty well unarguable as we have demonstrated
with the abundant support that now exists for the end of the hereditary
principle.
If you want change, do it incrementally, do it a bit at a time like this Select Committee is
essentially proposing. But the
second lesson, which I tried in vain over four Private Member's Bills and
numerous interventions and the like, the second change is to recognise
that if we can't even make on our
own the kind of change which my
simple two clauses offered, which was simply to end the by-elections,
and we could have done it ourselves were it not for the hostility of a
were it not for the hostility of a
small number of unreformed apple -- conservatives, one person said they
didn't like the fact that the bill was being considered because he was a proper conservative, he didn't
like change.
In fact he wasn't too
keen on the 1918 32 reform act, it was a step too far even for the most
conservative at those times. But if we don't make changes simple,
we don't make changes simple,
straightforward, unarguable changes ourselves then other people will do it for us. That's what will happen. And I strongly recommend that if we
do nothing else as a result of this, which I'm not in the least bit
sombre about, we will learn those two lessons.
Do it a bit at a time,
and do it before anyone else does it
for you. And with that I will just say how thrilled I am to be able to say, though not moving it myself,
that this bill do now past.
16:13
Baroness Butler-Sloss (Crossbench)
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I do feel impelled just to make a
very brief point. I very much support the idea of a Select Committee to look at the future of
the house. But before any steps are taken to look at voting, and having
the right of election of peers, please will the Select Committee
discuss with the Commons how the Commons will see it and what sort of
second chamber there will be if
peers are elected and have rights we don't have at the moment.
16:13
Lord Winston (Labour)
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I promise I won't give as long a
speech as my noble friend. But I do think in speaking in this bill for
the first time, deliberately having not voted, I have to say that I
think I will be the only person in the House who is a card-carrying geneticist. And I ventured this
during the process of the previous period, when I made fun of some
people in the chamber. I think one of the lessons we might learn from
this, and I deeply regret seeing friends across the chamber and in other places who are leaving us,
whatever reason for that I don't want to get into that.
I want to
suggest one thing. We are in a society which massively respects
society which massively respects
DNA, massively respects hereditary, massively respects inbuilt virtues,
talent and so on. I think what we need to recognise, perhaps the
lesson for this particular bill in some ways is very much a lesson for the Labour Party. The Labour Party
has to understand that we can't change our genes, irrespective of what they might be saying in the
health service at the moment.
But we have to change our environment.
Although this may not be important at the moment, it's certainly in applies to the whole of our
legislation and Parliament. The message surely must be that we need to provide a better environment,
irrespective of how we have dealt with the hereditary peerage. with the hereditary peerage.
16:15
The Earl of Caithness (Conservative)
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I have long supported the abolition of the right of Hereditary
Peers to sit in your Lordship's House. I have said it before in the
House, and I meant it. There are two reasons I didn't like the
One was that they were private
members bills. The reform of this
nature should be a government bill. It is quite right that the government have got their way on it. The second reason, my Lords, was
that I am disappointed that is hereditary is have failed in one
respect.
In 1999, then Lord Chancellor, Lord Irving Blair, said
to me, one of the reasons we have kept you is to ensure that the Labour Party fulfil their manifesto
commitment to reform the House of Lords. Well, we know that that
manifesto commitment was not done.
And it must have been quite hard for some noble Lords to have taken part and listened to some of the excellent speeches and debates we
have had on this bill and I perhaps mention two that my noble friends
Lady Mobarik and the noble Lord Lord
and Queen at second reading, a good speech on prejudice.
I would like to
also thank the noble Lords opposite for some of their kind words to me
about how sad they will be to see
the hereditaries go. I enjoyed that conversation, until it petered out
when I said, you could have done something about it. I would also like to thank the noble Lords
opposite, particularly the influx of
Labour peers that came in in 1999, when I took my seat here, I could
claim a maximum daily allowance of
£4.73.
That is worth £105 also in
today's money. But it was in 2,000 /2001 that after numerous attempts
at trying to improve our expenses,
our expenses suddenly increased hugely. A maximum daily claim will allowance went up 50% in the year
and the amount we could then claim
which we can't any more. Go to and research costs for non-sitting days
nearly doubled. And so that was a bonus for me. Like many p to took
bonus for me.
Like many p to took
the seat on the front bench, took a substantial reduction in our salary, so the increase in expenses was welcome and I'm extremely wakeful
that Labour peers that enabled that. that Labour peers that enabled that.
16:18
Lord Mancroft (Conservative)
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My Lords, I made a short intervention at an earlier stage.
The noble Baroness leader of the House questioned, and I hope not
seriously, whether or not I still
liked her. The answer is of course I do. I hold the noble Baroness in the greatest respect and indeed affection, as does the whole house, and that respect and affection is unaltered by the passage of this
bill. We on this side of the House
do not have personal grudges. I accept as a noble friends do the government is fully entitled to get
its business and passes manifesto legislation even if I don't like it.
This removes the process by which the new peers can join the House by
further by-elections. We accept that, albeit reluctantly. But nowhere in the manifesto did it
state that currently sitting members of the House will be similarly removed which is an additional
measure and sets a bad and dangerous precedent about removing members of
the chamber by dint of its majority in the first, an unheard of provision that exists in no other
one democracy. The noble Lord said it would be absurd to suggest that
the president would ever be repeated but I suspect he is wrong and as he and his noble friends may well find out to the discomfort and cost in
the not-too-distant future.
So as this bill enters its final stages, I would like to ask the noble Baroness the leader in turn if she still likes me. Or is there something I
have done that is so deeply offensive that I and my noble friends should be thrown out of this
House like discarded rubbish. We often talk of the dignity of the
House but I cannot think of anything less dignified for the House and what this government is now doing in
this bill. I would like to think that I have done duty over the last
almost 40 years.
I certainly believe we have stuck to our side of the
deal we made 25 years ago with Lord Irving on behalf of the Labour Party, not a deal which tie the
hands of the future government as has been claimed but which to its shame this government is now needing
on. The House resting with the provisions of the Employment Rights Act school. The government is
concerned with the rights of those on short-term contracts, but apparently at the same time cares
little for those of us who worked here with no formal contract, or
none of this in this House are technically serving as mothers of the House it would be difficult to
argue that this is a place of work and one could argue that the writ of
summons taken together constitute some form of agreement.
At either
way we are now to be treated in a way that no one else in employment
or in any workplace in Britain can be treated. It is rightly legal to sack anyone on the basis of their
birth except here in the upper house
of this mother of Parliament. So before I go I would be very grateful if the noble Baroness leader would
tell exactly what it is that we have done that is so wrong to deserve to
be treated in this way.
The noble Lord Lord Grocott has repeatedly gone out of his way to say that this is not personal. But he has wrong.
Because it is very personal to each
and everyone of us to be treated like this by those we considered our friends and colleagues. It is also
deeply, deeply offensive. And I would simply like to know why. Is
that really too much to ask?
16:22
Baroness Smith of Basildon, Leader of the House of Lords and Lord Privy Seal (Labour)
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I had not intended to respond at length and I will not do so given
the debate has been quite a long one
on the third reading. I was reminded earlier that day is the anniversary of the moon landings. And Apollo 11
took eight days, three hours, and 18 minutes and 35 seconds to complete
its mission. I think that is slightly shorter than the time we have spent debating this bill
through all its passengers. A number of issues, yes I have a soft spot
for the noble Lord Lord Mancroft.
And of course this feels personal to those peers. Have to say it felt very personal to me when I lost my seat as a Member of Parliament with
far less notice as well. But this was, he says it was not in the
Labour Party manifesto but it was. And he may recall when we were
debating the Grocott bills I did say and I wrote in the House magazine as
well, we should accept that bill and we would help get that through because otherwise the consequence would be, we would be in a position
where all Hereditary Peers would be removed under a Labour government.
So he was given some notice, he may
not have listened or read anything I wrote was due was in the Labour
Party manifesto. There's nothing about legislation that says we don't
value the work of Hereditary Peers or indeed any other member of your Lordships house. That has was in the case. But we were quite clear that
hereditary route is not the route
that the country expects, or the Labour Party expects, into your Lordship's House. The noble Lord
true, we will look at this again but I think he said, if we proceed with
the bill, no, if we were to proceed
with the bill and the word has been drafted it would unleash a spirit of goodwill and I hope that wasn't an
indication from him that said by carrying out a bill in our manifesto, it would unleash a spirit
of something opposite goodwill.
I hope that's not what he intended but could certainly is how it can
could certainly is how it can
across. The name Lord Forsyth was concerned that this bill opens the gates to further reform will change.
I say to him, I have also heard from
other noble Lords that if we finished with this bill nothing will ever happen again, both can't be
true. I do think this House should be taking responsibility more for what we can do, if we take responsibly on the Grocott bill, and
managed to get through, we properly would not be had.
On the issues in
the select committee, and I know the noble Lord would like to go further and faster, and great lever in bite-size chunks, the House to
responsibly. If we can make progress
on those, on those issues and by implication the impact on the size
of the House, I think that is good progress to be made and if we show we can take responsibly for the work of our house is house, cross-party,
we can do so again in the future.
So do understand the views expressed. This is a matter of principle. It
was flagged for some time before, it
was a clear manifesto commitment, so I beg to move this bill do now pass.
**** Possible New Speaker ****
The question is that this bill do now pass. As many are of that opinion say, "Content", and of the
opinion say, "Content", and of the contrary, "Not content". The contents have it. It may be
contents have it. It may be appropriate to have a very short interval before I caught the next
interval before I caught the next
**** Possible New Speaker ****
My My Lords, My Lords, third
**** Possible New Speaker ****
My Lords, third reading My Lords, third reading of My Lords, third reading of the
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Renters' Rights Bill. My Lords, having command from His Majesty The King to acquaint the
House that His Majesty, having been informed of the board of the Renters' Rights Bill has consented
Renters' Rights Bill has consented to place his interest so far as it is affected by the bill at the disposal of Parliament for the
purposes of the bill.
16:28
Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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purposes of the bill. I beg to move that this bill now be read a time. The question is that this bill be
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The question is that this bill be now read 1/3 time. As many are of that opinion say, "Content", and of the contrary, "Not content". The
contents have it. We moved to amendments in clause 12, amendment
one, Lord de Clifford.
16:28
Lord de Clifford (Crossbench)
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These two amendments in my name relate to reference changes within
the bill due to the government's amendment with regard to the pet
insurance and my amendments which you kindly supported last week. With
regards to the additional of pet
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insurance deposits. I beg to move. Mr Mann proposed," page 20, line
16:29
Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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Mr Mann proposed," page 20, line 4, leave out 16, B, and insert, 16, C.
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C. Once again I would like to thank the noble Lord Lord de Clifford for his thoughtful contributions and engagement during the passage of the
engagement during the passage of the bill. Amendments one and two corrected cross-references in clause 12 and schedule two, and follow on
from amendment 53, A, these amendments do not change the substance of the amendment that was
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agreed to a report stage and on that basis, we are happy to agree them. The question is that the amendment be agreed to. As many are of that opinion say, "Content", and
of that opinion say, "Content", and of the contrary, "Not content". The contents have it. Amendment two
contents have it. Amendment two
contents have it. Amendment two family. -- Formally. Leave out 16, B, and insert 16, C. The question is
B, and insert 16, C. The question is that the amendment be agreed to.
As many are of that opinion say, "Content", and of the contrary, "Not
content". The contents have it.
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content". The contents have it. I beg to move that this bill do
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I beg to move that this bill do now pass. I would like to start by thanking all noble Lords for their contributions and engagement during the passage of the Renters' Rights
the passage of the Renters' Rights Bill. We have debated this bill at length and past the midnight hour on
length and past the midnight hour on one occasion and over the last six months with many thoughtful and considered contributions from across the House, I am grateful in
the House, I am grateful in particular to the opposition of the
particular to the opposition of the frontbench namely that noble Baroness Lady Scott of Bybrook and the noble Lord Lord Jamieson for their robust and constructive challenge throughout the passage of the bill.
I would like to thank
the bill. I would like to thank noble Baroness Lady Thornhill and Lady Grender for their continued engagement and support. In broad
agreement that this bill is long overdue and are looking forward to
seeing make a real difference to the people that rely on the sector to
people that rely on the sector to
Including the noble Lords Cromwell, Lord Best, Lord Carrington, Lord
Krebs, noble Baroness lady Waltham, Lord Pannick, and many others.
Whilst there may be disagreement on some of the issues we have debated, another we all share the same aim of ensuring the private rented sector
continues to work for all.
Finally, I would like to thank my WIPO that
sat with three throughout the bill,
the Noble Lord such fault and I am grateful to the noble Lords that voted on the bill, including the
bill team, and particularly Eden Hilton, Bill manager, but Hermione James Karen, Tom, Ross, Anna,
Camilla, Stefan and my private
office. I would also like to. Tribute to all of the parliamentary staff, including the clocks, doorkeeper's, security, and public
bill office, many of whom have had to stay late as we debated the bill into the early hours.
Sorry.
16:31
Baroness Scott of Bybrook (Conservative)
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The question is that this bill due now pass.
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My Lords, let me begin by thanking all noble Lords across the House for their contributions to the
House for their contributions to the scrutiny of this bill. While we may differ in our views, the commitment
differ in our views, the commitment shown by members to improving the private rented sector is evident and
deeply valued. I would also like to extend my sincere thanks to the
noble Baroness the Minister. She has shown courtesy, patience, and great resilience throughout this process.
resilience throughout this process. Demonstrating what we would consider a difficult bill, often an
a difficult bill, often an indefensible one, she has defended a policy we think reflects more political positioning than practical
political positioning than practical policy making. Despite her efforts, we are left with a piece of legislation that risks doing more
legislation that risks doing more harm than good. The facts are stark, according to samples, the number of
according to samples, the number of rental properties dropped by 42% in quarter one this year.
Compared to
quarter one this year. Compared to the same period in 2024. My Lords,
the same period in 2024. My Lords, that is 42% fewer homes available, fewer homes for families, less mobility for renters Camilla Strauss
mobility for renters Camilla Strauss and more pressure on rent. It is not theoretical, it is happening now,
and this bill is accelerating that
trend. It is uncertainty around fixed term tenancies, poorly defined position grounds, and reliance on
the stretched tribunal is driving responsible landlords away from the
sector.
When providers exist supply exit supply shrinks and when supply
shrinks rent rises. We understand
why tenants seek greater security, but let us be honest, much of what
the bill tries to fix is a symptom of a very deep problem. They are
simply not enough rented properties in this country, and there are going to be less. Instead of addressing
that shortage, this legislation papers over the cracks with layers
of regulation that risks doing more
harm than good.
It treats the pressures of scarcity, rising rents, insecurity, limited choice, as
issues that can be regulated away. My Lords, regulation without supply
is a dead end. What we need is a balanced approach. Yes, protect
tenants, but also create the conditions for responsible landlords to stay in the market, invest, and
offer decent homes. Without that balance, the consequences are
predictable and, my Lords, they are already playing out. The real target
should be the road landlords, those that exploit the vulnerable tenants and undermine confidence in the
sector.
This bill misses that Mark, instead of cracking down on the worst offenders, it keeps new
burdens on the majority who act
responsibly. What the sector truly needs is a rogue landlord bill, targeted, proportionate, and
enforceable, one that protect
tenants without pushing decent landlords out of the market. And, instead, we have a bill that gets the balance wrong, it risks
shrinking supply, increasing costs, and adding complexity, just when we
need clarity and confidence the
most. This bill does not strike the right balance between protection and division.
It feels tenants, it feels
landlords, and it fails the very
market it claims to reform. And the size of the House we will continue
to monitor the market and we will challenge the Government to act on any negative outcomes. Before I sit
down, my Lords, I would just like to congratulate both Sam and Molly in
my office, as it her first in the House and I thank them, most
sincerely, for the fantastic support they have given to me and to my Noble Friend throughout the passage
of this bill.
of this bill.
16:36
Baroness Thornhill (Liberal Democrat)
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My Lords, we, on these benches, have been clear throughout the bill
that we support it very much. Its main provisions include the abolition of no fault of fiction is
an fixed term tenancies and the absolute clear emphasis on tenants
rights and much more transparency. There is no doubt that it is a
radical bill, but one that will make significant changes to the private rented sector. It has also been said
and I wish to repeat it again that good landlords have nothing to fear
from these reforms and this we hope will improve into be the case.
It is
will improve into be the case. It is
clear to say that this process is about improving the bill through recent debate and using the expertise of the House. In truth, to
me, it felt more like a conflict, a battle, tenants versus landlords,
with the reforms of the Government
pitted against the fears and genuine concerns robustly from the frontbenchers and from others around
the House. There were also areas of Crosshouse issues that only time
will tell.
The capacity of the courts, the impact on all aspects of
the houses, including student landlords and the supply of homes to
rent, about which, let's say, there were polarised views and the
concerns expressed by that Noble Lady in her speech shared by her
selves, but we also we hope that the recent figures will study and that
the initial inevitable and evil the market will settle down and we look
forward to more to rent and more
social because both are needed.
We do hope that that Ministers assurances on the military homes
standard will also come to pass as our amendment on that issue is
welcomed convincingly. Finally, some
very genuine thank use. Thank you firstly to everyone that took part in the many amendments and debates
that were based on genuine experience, but particularly to the
Minister for her time generously given and her patients tested,
perhaps just a little, by the determined double act of Baroness Scott and Lord Jamieson, I admire
their persistence.
The Minister also showed that she was not willing to
be moved on the Government because bill. Her steeliness in the onslaught, however politely
delivered, is also commendable. And nor can we forget the valuable contributions of several noble crossbenchers, Lord Cromwell, best,
and Carrington, forming a new trio.
There was also much wrangling, my learning curve was greatly assisted
by several noble Lords, lawyers,
especially the noble Earl kernel. Even if I did not always agree with
them.
My Lords, for their advocacy on behalf of tenants and shining a light on the reality of many
renters, the renters coalition
deserve a big thank you. Generation rent, in particular, deserve a special mention, as do the national
registered landlords Association.
Four May, it was challenging to read their excellent briefings and pit their persuasive arguments against my own. It is also appropriate to
thank all the offices of the House who, have noted, tirelessly to get
everything done on time and correctly delivered.
This was my first bill and I and grateful to
have had a small but dedicated team behind me, especially Baroness Grender and Lord Shipley. And where
would any of us be without our able and professional staff, in this case
Adam from our whips office. My
Lords, it has been a worthy task to contribute to that much-needed reform of the private sector. reform of the private sector.
16:40
Lord Hacking (Labour)
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Traditionally the third reason is an occasion to give thanks and
congratulations to all those that have been involved in the bill, whether inside this chamber or
outside, my Noble Friend that Minister has well lit as the
Baroness Scott and the Baroness
Fleet of the Liberals Baroness Thornhill has. At this stage, my Lords, our companion makes it plain
that the debates of previous stages of the bill should not be reopened,
that speeches should be brief and I hope that my Noble Friend noted that
I seeing this, I repeat, I intend to
abide by these requirements and congratulations to the Noble Lord
are very warmly felt.
We cannot, however, leave this bill, without thing found thanks to my Noble
Friend the Minister for her pioneering of this will through all
stages of the bill passing through this House and, again, the words of
Baroness Scott I think I am echoing
in that regard. Throughout, she has been a peregrine of patience and courtesy. She has also been
enormously conscientious. Holding meetings right up to the third day
of report and sending letters, even though the letter to the Noble Lord
Carrington was somehow in transit on
the third day of debate.
Not wishing to leave anybody out, my Noble Friend recently thanked and
congratulated a pair on a speech
that he had not made. But nobody was
left out as a result. A special reason to thank and congratulate the Minister has been dishy at length
Minister has been dishy at length
and complexity of this bill, and I add congratulations to Baroness Scott of Thornhill in dealing with
the length and complexity of this and I am sorry I did not bring this
down until now.
The bill itself, this is somewhat alarming, stretches
over 254 pages. It still has to be
spliced in two earlier statutes, most particularly the Housing Act of
1988. And I have gotten my hand here
the current in addition of the Housing Act 1998 and this stretches
Housing Act 1998 and this stretches
over 383 pages. But by the time the provisions of this bill have been
spliced it will be 600 or seven pages long. This is not a debate
that I am wishing to introduce now, this is a subject that I believe should have the intention of another
occasion the length of these bills, the Housing Act, for example, of 19, the Housing Act, for example, of
1998 can be read in its completion.
It tells you the state of landlord and tenant law in 1988. When I first
came to the House 54 years ago, the legislation was not run in that
direction, but this is a matter, as I said just now, for another debate
on another occasion. My Lords, perhaps I could just end on a
personal note, I am aware it must have been difficult for my Noble
Friend the Minister to be sitting right behind and muttering from time
to time that I would ask forgiveness
of my Noble Friend the Minister, but I am very lame and I used to always
sit at the back, but I am afraid my lameness has taken me to behind the
Minister.
But, as I repeat, I
apologise and I hope, however, she would accept my many interventions
and my genuine attempt to improve this bill to focus more clearly on
landlord.
16:45
Lord Carrington (Crossbench)
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I give my very personal thanks to
the Minister for her work on this bill and for the enormous amount of
follow-up that she achieved. Her final letter arrived, as the Noble
Lord has just mentioned, on Friday.
I would also like just to give to reservations that all my amendments were really about two matters. One
was the difference that the private
rented sector in the rural areas and the effect of the bill on institutional investment in the
sector.
I will be watching these in the remainder of my stay in the
House of Lords, but in the meantime I would like to thank everyone who has been involved and not waste any
16:46
Baroness Taylor of Stevenage, Parliamentary Under-Secretary (Housing, Communities and Local Government) (Labour)
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Models, for the thousands of renters and good landlords who have been disadvantaged by the actions of
rogue landlords about the country, not to mention the local authorities
who have had to pick up the pieces of the failure to act over the last 14 years, which have created the worst housing crisis in generations,
I hope this bill will be a blessed relief. This bill, combined with a competitive package of measures on
housing delivery, including £39
billion in funding, on social housing, comprehensive reform of the planning system, an unprecedented
investment in construction skills and training, will start the process of delivering what we all want to
of delivering what we all want to
see, which is that everybody has a fit, safe, secure, and affordable.
My young grandson, only nine years old, was asked to write about home
old, was asked to write about home
the other day. He did a diagram with lots of things saying what he thought was. At the bottom, he wrote 'home is as special as love', I
thought was a marvellous phrase from a nine-year-old. Will continue to debate some of the detail around the spell, I hope we can all keep in our
minds, as we do so, how important having a home is to everybody, and
having it be safe, secure and affordable is to everybody.
I beg to move.
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The question is this bill do now perhaps. As many as are of that opinion, say, "Content". Of the
opinion, say, "Content". Of the contrary, "No". The content savage.
16:48
Legislation: Employment Rights Bill - report stage (day 3)
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contrary, "No". The content savage. We now move on to further business, the report on the employment rights
Bill.
16:48
Baroness Jones of Whitchurch, Parliamentary Under Secretary of State (Department for Business and Trade) (Labour)
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I beg to move this bill be now
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further considered on report. The question is this will be no
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The question is this will be no further considered on report. As many as are of that opinion, say, "Content". Of the contrary, "Not content". The contents have it.
16:48
Lord Clement-Jones (Liberal Democrat)
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content". The contents have it. After clause 34, amendment 111 After clause 34, amendment 111ZA, Lord
Clement-Jones.
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I rise briefly to move amendment 111 a day which seeks to introduce a requirement for workplace AI risk and impact assessments. This
and impact assessments. This amendment is focused on addressing
the profound and rapidly evolving impact of artificial intelligence systems on the modern workplace.
systems on the modern workplace. There were many opportunities for its adoption, but also risks and
its adoption, but also risks and impacts. There is massive job, potentially, massive job
potentially, massive job displacement, between one-3 million jobs overall.
A workplace skills
jobs overall. A workplace skills gap, gaps more than half the UK workforce lacks essential digital skills and the majority of the
public has no AI education or training. AI recruitment algorithms
training. AI recruitment algorithms have resulted in race and sex discrimination. There are legal vulnerabilities, companies risk
vulnerabilities, companies risk facing costly lawsuits and
settlements, when unsuccessful job applicants claim unlawful discrimination by AI hiring systems.
discrimination by AI hiring systems. But meanwhile, AI adoption accelerates rapidly the UK's regulatory framework is lagging
regulatory framework is lagging behind.
Organisations like the trade union congress, at the Institute for
future work, have consistently
highlighted the critical need for robust regulation in this area. The
TUC, through its own artificial intelligence regulation and employment rights Bill drafted with a multi-stakeholder task force, explicitly proposes workforce AI
risk assessment. And emphasises the need for worker consultation before
AI systems are implemented. They
also advocate for fundamental rights, such as the rights to a human review, for high-risk
decisions. It similarly calls for accountability for algorithms act, which would mandate pre-emptive
algorithmic impact assessments, to identify and mitigate risks,
ensuring greater transparency and accountability in the use of AI artwork.
Both organisations stress
that existing frameworks are insufficient to protect workers,
from the potential harms of AI. At committee stage, when I moved a
similar amendment, then amendment 149, the Minister, Lord Leong, acknowledged and said the government
has committed to working with trade unions, employers, workers and
experts, to examine what AI and new technologies mean for work, jobs,
and skills. He went on, we will promote best practice and safeguarding against invasion of privacy, through surveillance
technology, spyware, and this discover Tory algorithmic decision-
making.
I am sure Lord Clement- Jones, the Institute for the future
of work will be welcome to make an input into that word, and the consultation going forward. And I
assure the noble Baroness Lady Bennett and all noble Lords this is an area the government actively
looking into and we will consult on proposals, in the make work pay plan in due course. This is all very
reassuring perhaps, but I re-tabled the amendment today precisely because we need more concrete specifics regarding this promise
consultation.
My Lords, the TUC have
been working on this for four years, is it too much to ask the government
to take a clear position about what is proposed now? The minutes are referred to the importance of proper
consultation. This is a crucial area
impacting the fundamental right and well-being of workers right now, my
Lords. Often without the knowledge. AI systems are increasingly being
introduced into the workforce. I should ask the government, it needs to provide clarity on what kind of consultation is being undertaken.
With whom will they be engaging,
beyond relevant stakeholders? What is the precise timescale that is
consultation? And any subsequent legislative action, particularly
given the rapid introduction of AI
into workplaces. We cannot afford a wait and see approach, if comprehensive AI regulation cannot
be addressed within this bill, as regards to workplace, then we need
immediate and clear commitment for provision within dedicated AI legislation, perhaps coming down the
track, to ensure that AI in the workplace truly benefits everyone.
I
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beg to move. Amendment proposed. After clause
16:53
Lord Holmes of Richmond (Conservative)
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34, insert the following new clause, as printed on the Marshalled list. It is a pleasure always to follow
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It is a pleasure always to follow my honourable friend, Lord Clement-
my honourable friend, Lord Clement- Jones, who in his single no Sony and amendment had covered a lot of material in my more spreadout set of
amendments. I write to support his
amendment 111 and speak to my amendments 168 and 176, I should declare my interest set out in the register, in particular, technology
interests, not least as a member of the advisory board, and member of the technology committee of the
Crown Estate.
Take one brief spurt
ROBYN CLARK:Step backwards. From the outset, the government do not want
to -- Step backwards. From the outset, the government do not want
to take this, rather than domain specific approach, that's fine, it is clearly stated position. It
wouldn't be my choice, but what is simultaneously interesting is if
that choice is adopted, how is consistency across our economy, and
across our society, insured?
Whenever an individual, a citizen, comes up against AI, they can be assured of a consistent approach, in
the treatment and challenges and
opportunities of AI.
Similarly, what is the case where there is no
competent regulator authority? If neither approach is adopted, which
seems to be largely the case. As in, whenever colleagues have raised
amendments around AI, in what you
may call domain specific areas, such as the Product Regulation and Metrology Bill, the Data Bill, now the employment rights Bill, we are
similarly told this is not the legislation for AI. So, I would at
the Minister for clarity, as to whether, if a cross sector approach
to AI is not being taken, is a domain specific approach being taken? When opportunities are being
taken? When opportunities are being
not taken up, where appropriate legislation comes in front of your
Lordships house.
My Lords, to the amendments in my name, amendment 168 goes to the very heart of the issue
around employers' use of AI. We
have, I would suggest, very good, if not excellent, principles set out in the then government white paper of
2023. I put many of these into my
amendment, 168. What it not be beneficial to have these principles
set in statute? For the benefit, in this instance, workers, whenever
they can across employers, deploying
AI, in their workplace.
Amendment 169, lifts a clause largely from my
AI regulation private members bill and suggests that NAI responsible
officer in all organisations that develop, deploy, and use AI, would
It is not a question of audit, but a
positive, dynamic, vibrant role. So the benefits of AI could be felt by workers, right across their
employment experience. It would be proportionate, it would be the right
touch, with important requirements
easily recognised as mirroring similar requirements, as set out in the Companies Act, for other
obligations.
I believe if we had AI
responsible officers across our economy, across businesses and
organisations, that are deploying and using AI right now, this would be positive, dynamic, and
beneficial, for workers, for employees, for employers, for our economy, and for our wider society.
economy, and for our wider society.
Amendment 170 goes to the issue of IP copyright and labelling. And put a responsibility on workers who are
using AI to report to the relevant government department on the genesis of that IP address copyrighted material.
And indeed, the data used
in that AI deployment. Which means there will be clarity, not only as
to where that IP, copyright, and
data emanated, but that it was got through informed consent, and that all IP copyright obligations had
been respected and adhered to.
Amendments 171, and 172, similarly look to where workers data may be ingested right now, by employers use
of AI. Such great useful and
economically beneficial sources for employers and businesses. And it
suggests, again, they should be informed consent from those workers.
Before any of their data can be
used, ingested, and deployed. I would like to take a little time on amendment 174. Around the whole area
of AI in recruitment and employment. This goes back to one of my earlier points at the beginning of the
speech. Recruitment being an area where there currently exists no
where there currently exists no
competent authority or regulator. So, if the government continue with
their domain specific approach, recruitment remains a gap, because there is no domain specific
competent authority or regulator, who could be held responsible for
the deployment and development of AI in that sector.
If, for example,
somebody finds themselves not making a shortlist, they may not know that
AI has been involved in making a decision. Even if they were aware,
they will find themselves with no redress and no competent authority to take their claim to. So, would
the Minister not agree that this makes the case at least for the
consideration of a recruitment and
employment specific regulation to be brought about in this bill? And if not, and would certainly be my
preference, to have a right touch cross sector AI authority, which
would do this job of assuring that wherever individuals, workers,
employees, citizens, come across AI, they can have clarity, certainty,
consistency, in the application of that AI.
In this instance, in the
recruitment. But the AI authority, agile light touch, crucially, horizontally focus, but ensure that across all sectors of employment,
all sectors of our economy, and society. I will touch briefly on
amendment 176, around the algorithmic allocation of work. Again, this is already happening,
often times without employees even
often times without employees even
Amendment is not to be considered and adopted, what is the
government's approach to how this is currently occurring in our economy to workers right now is not often with extremely discriminatory and
detrimental impact of those workers.
detrimental impact of those workers.
AI has such potential to transform employment for the benefit of workers, employers, and our
businesses, and indeed about
economy. It has the potential if it is human led AI to drive
productivity in a way that no other element of about economy is
currently likely to do. Similarly, if we do nothing, and we continue
with this wait-and-see approach to legislation and regulation, it is most likely that workers may, often
times, find themselves at the sharp
end of algorithmic allocation of work, of the use of AI in the workplace, making their data and
numerous ways, they will find themselves at the sharp end of AI
and unable to avail themselves of benefits.
This situation could be
wholly averted if some of these amendments were considered and
incorporated into this Employment Rights Bill. Better still, if the
Government reconsidered and looked at bringing forward a cross sector
regulation bill because what we know, fundamentally, is that
regulation is right for workers, right for employees, right for all aspects of our economy and society and when I say right regulation I
mean the right sized regulation.
What we know from history, not least recently, recent history, right sized regulation, good for innovation, good for investment,
good for citizens, creative, good
for our country.
Would the Government not be good enough to agree?
17:04
Lord Pitkeathley of Camden Town (Labour)
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My Lords, I rise aware that many
of the members in this group have a rather different focus to the points that I wish to make and acknowledge
the amendments of my noble Lords Clement Jones of Richmond and I
believe they provide a valuable opportunity to provide and reflect on the particular nature of working
in tech and AI first of this essay sector as has already been alluded to that makes a significant and growing contributing to the UK
economy and it is rightly seen as one of the priorities dance of the
Governments modern industrial strategy, and as the rather scary AI
2027 forecast makes clear, developments in this space are
accelerating incredibly rapidly and are already reshaping how we live
and work and even as I say that I am wondering whether I may have triggered an algorithmic alert
somewhere, little for Parliamentary privilege covers some of that, but AI is happening regardless of how we
feel about it and the opportunity it provides makes it all the more important that firms are based here and regulated here, rather than
elsewhere.
Jobs in this area do tend to be highly skilled and well-paid,
but that does not mean workers do
not need other protections, and in many cases the things that matter most are not the same as minimum
wage and paid leave but about how easily people can move between
companies and start their own ventures and work across several
fast-growing enterprises. But here and the noncompete that pose
particular challenges. And safeguarding intellectual has led some firms to restrict employee
movement.
But this comes at a cost
to innovation, so competition, to the flea 400 DS that underpin these
industries. And in general terms but
no meaningful reform followed, so I
wondered whether the department has a view on how widespread these clauses now are, particularly in fast-moving and competitive sectors
and without any formal assessment
has been made of their impact on innovation, start activity, and in people's ability to move freely and fairly between them. I fully
appreciate that this bill is focused on establishing baseline rights for
on establishing baseline rights for
all workers, not addressing sector specific concerns, but I hope the Minister might be able to say something about how these challenges
are being considered as part of the government's wider thinking on the future of work and how we ensure
that the UK remains a good place to innovate as well as a fair place to
work.
17:07
Lord Freyberg (Crossbench)
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My Lords, I rise to support the
timely and vital amendments tabled by the noble Lords Clement Jones and
Lord Holmes of Richmond concerning the use of Artificial Intelligence
in the workplace. These amendments covering transparency, accountability, consent, fairness, and the protection of workers rights
speaks to one of the central
challenges of our time, how we align the rapid deployment of AI with the rights, dignity, and agency of the
people. Just 11 days ago, if you of us, including the Noble Lord Clement
Jones had the privilege of attending the aligning AI for human
flourishing roundtable hosted here in the House of Lords by the noble Baroness Lady Kidron and convened by
Oxford University's Institute for
ethics in AI and the accelerator Fellowship program.
It was led by Professor Ewell Shani, brought together leading international
voices, including Professor and Andre Nelson who designed that US
blueprint for the AI bill of rights, later embedded in President Biden's
executive order on AI. That discussion made one thing clear, we
are at a crossroads. As Professor Nelson put it in a recent AI action
Summit in Paris, we can create AI systems that expand opportunity
rather than consolidate power for
the few, so if we are serious about that aspiration, we need laws that
are embedded in practice.
I hope we will soon see legislation introduced
in this House and an AI Bill of Rights rooted in that context,
reflecting our democratic values, legal traditions, and the lived realities of British workers. That
will require leadership from the Government and support across parties and I believe this House is well placed to lead the way. That is
precisely what Loeb homes amendment
seeks to do, amendment 168 outlines the core principles that employers must uphold when using AI on
workers.
Safety, fairness, transparency, governance, inclusion,
and the right to redress. These are
the bedrock of responsible innovation. Amendment 169 proposes
the appointment of designated AI
offices within organisations, ensuring someone is directly accountable for the ethical and unbiased use of these powerful
technologies. Amendment 171 and 172 tackle perhaps the most urgent
concern, consent. Though workers data should be ingested by AI systems or decisions made about
their employment by algorithm, without their meaningful and
informed quality.
We are not speaking in obstructions, AI is
already determining who is shortlisted, scheduled, surveilled,
or sidelined. These systems often operate in secret and carry forward
the biases of the data they are trained on. If we do not act now, we
risk embedding discrimination. This is not the first time this House has
stood up for fairness in AI, on 12 May in this year many of us voted in support of Baroness Kidron's
amendments to the data which called
for transparency over copyright and AI.
That debate also was about rights, rights to control one's
work, one's data, one's identity.
The same principle is at stake here. If the UK is to lead on AI we must
lead not just in capability but in
ethics. Lord Holmes amendments are radical, they are responsible. They bring our values into alignment with
our technologies. I therefore urge your Lordships to support them, even
though it is highly unlikely they
will be accepted. will be accepted.
17:11
Lord Palmer of Childs Hill (Liberal Democrat)
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From these benches, but I would
say is that I echo those words and I hope that they have listened to the
arguments about AI and will respond positively.
17:12
Lord Hunt of Wirral (Conservative)
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My Lords, I would also like to congratulate my fellow solicitor,
Lord Clement-Jones, and my Noble
Friend Lord Holmes of Richmond and there amendments and indeed
following up in the exchanges that took place a question earlier today
when the Noble Lord the Minister did, Lord Vallance, did offer to
give us a reading list, that we
And when the noble Baroness the Mr
Syms of the debate, could you just identify for us what Lord Vallance
had in mind? Because we are anxious to make sure that we are up-to-date
on these very important subjects.
AI technologies are evolving at pace.
Touching every corner of the economy from manufacturing and logistics to
retail, healthcare, and, as my noble
fellow employer knows, particularly, professional services. In the
context of work, AI offers real potential. Because it can support
productivity. Streamline processes and free individuals from repetitive
and done some tasks. It would also, if properly deployed, open up new
opportunities for people who have historically faced barriers to
employment. Alongside, as the Noble
Lord Freiburg has just reminded us
there are real concerns.
He instance to a number of them and they are set
out in amendment 168 and those
concerns are about fairness, transparency, and accountability
and, indeed, the role of human oversight in decisions that affect
peoples lives and their livelihoods. It is therefore important that we take a balanced and thoughtful
approach. Now, Lord Keighley of Camden Town did, quite rightly,
point out that there are a number of
noncompete agreements now emerging,
and we have two aware that these could so easily stifle innovation,
and this must be all about encouraging and stimulating
innovation, so it is very important that we take a balanced and thoughtful approach, but we should
not allow technological change to
outpace our frameworks for fairness, ethics, and employment rights.
In
conclusion, AI is not distant or abstract issue. It is here, it is
evolving, and it is shaping the future of work. I do hope we can
move forward in a way that is both pro innovation and firmly rooted in
the values of fairness, dignity, and accountability. And we very much
look forward to hearing the noble Baroness the Ministers thoughts on
Baroness the Ministers thoughts on Baroness the Ministers thoughts on
17:15
Baroness Jones of Whitchurch, Parliamentary Under Secretary of State (Department for Business and Trade) (Labour)
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I will begin with amendment 111
111ZA, by law, Joe's, 168, 169, 172,
175 and 176, tabled by Lord Holmes, and I would like to also thank the
and I would like to also thank the
noble Lord Lord Holmes, for his engagement on these issues, let me start by reassuring all noble Lord that we agreed that AI should be deployed and used responsibly,
including within the workplace as
the noble Lord notes, in January
2025, we published the AI Opportunities Action Plan, including a commitment to support the AI
assurance ecosystem, to increase trust in and adoption of AI.
One of the key deliverables in this area is
the AI management essentials tool. We are delivering this tool to support businesses, particularly
SMEs, to implement good AI
governance practices. And following public consultation earlier this, I hope to update your Lordships house
on consultation response and updated version of that tool soon. Regarding this amendment, I would like to
remind noble Lords that our plan to
Make Work Pay makes it clear that workers interests will need to inform the digital transformation happening in our workplace.
Our
approach is to protect the jobs can
ensure good future jobs, and ensure mighty protections keep pace with technological change. To be clear, we are committed to working with
trade unions, employers, workers,
and experts, to examine what AI and technologies mean for work, jobs and skills, and we will promote best
practice in safeguarding against invasion of privacy, through surveillance technology, spyware, discriminatory algorithmic
decision-making. In response to the noble Lords, of course we will put
ethics and fairness at the heart of back.
I am keen to stress we are
taking steps to enhance our understanding of this area. This is including engagement and roundtable
events with a wide range of stakeholders and experts to help
reach our understanding. I would like to reaffirm we will consult on the makework proposals in due
course. The noble Lord, Lord Clement-Jones, asked what would be in the scope of the consultations,
in the scope of the consultations,
and the consultation plan includes examining what AI and new technologies, including automation and Ai-Media for books, jobs and
skills.
Examining how to help privacy, through spyware,
algorithmic decision-making, and to examine how best to make the
introduction of surveillance technology in the workplace, with negotiations with trade unions or
employee representatives. And again, the noble Lord, Lord Holmes, asked about whether it was going to be
domain specific or not. As the noble Lord Hunt has just reminded us, this
was dealt with within the oral
question earlier this afternoon, when my noble friend, Lord Vallance,
said existing regulators will
oversee AI systems, supported by AI
skills across regulatory coordination, through forums, like the Regulatory Information Office.
Some crosscutting issues will also be addressed in the planned
consultation on AI. My notes, looking specifically at amendment
171, let me reassure the noble Lord that we believe data protection legislation provide sufficient
protection for workers and individuals, where their personal data is being used in line with the key data protection principles, including lawfulness, fairness, and
transparency. Consent is a lawful ground to present data, however, due to the power imbalance between employee and employer, it is often
appropriate for employers to rely on consent, for employees, the process
their data.
This is why we have an additional lawful ground to carry
out such processing, like legitimate interests, under the data protection law. Therefore, we do not wish to limit data processing in these
situations to consent alone. I would also like to point out that, whilst data protection principles established the requirements we
expect the use of AI systems to adhere to, AI assurance provides
ways to evidence that these requirements have been met in
practice. Amendment 170, tabled by the noble Lord, Lord Holmes, would require workers and employers to
maintain records of data and intellectual property use in AI
training and to allow independent
audits of AI processes.
As the noble Lord will know, this issue was debated extensively by noble Lords, during the passage of the data using
access Bill, 2025. -- Data Use and
access Bill, 2025. -- Data Use and
Access Bill. We will publish a report including the transparency of the use of intellectual property material in AI training, within nine months of Royal Assent of the act,
which will be due by 18th of March next year. The government have also committed to setting up expert
stakeholder working groups, to help drive practical workable solutions in this area, alongside a parliamentary working group to engage with policy development as
engage with policy development as
well.
Turning to amendment 174, tabled by the noble Lord, Lord Holmes, this proposes a review of the use of AI in recruitment and
employment. As the noble Lord will be aware, the previous government published detailed guidance on responsible AI in recruitment last
year. Which covers governance, accessibility requirements, and
tests. This was developed with stakeholders and relevant regulatory
regulators, so should the commissioner's office and the Equality and Human Rights Commission. Employers and recruiters
may find this guidance useful, to help integrate AI into their recruitment practices, in a
recruitment practices, in a
responsible way.
Furthermore, I am excited about the opportunities that AI will have on supporting the UK's workforce, as well as creating jobs
and growing our economy. However, you must also understand how it may affect the labour market, including any potential disruption. The AI
Security Institute has begun
assessing this issue and I hope to be able to update your Lordships house on this, as work progresses.
Regarding our position on general AI regulation, the establishment of a
new AI regulator, we believe AI is the best regulated at point of use by the UK's existing sectorial
regulators.
As experts in this
sector, they are the best placed to understand the uses and the risks of AI in their relevant areas and we
will support them to do this. I want to emphasise that in response to the AI Opportunities Action Plan, we have committed to supporting
regulators in evaluating the AI capabilities and understanding how
that can be strengthened. I also want to assure your Lordships house, but we are committed to making sure
workers interests inform the digital transformation taking place in the
workplace.
I am grateful to my noble friend, topic, for raising the point of noncompete clauses. There has an
extensive research and analysis in
recent years, looking at the prevalence of noncompete causes in the labour market and the impact on both workers and the wider economy.
Research published in 2023 Research
published in 2020 3,000 at noncompete clauses are widely used across the labour market, with around 5 million employees working
under a contract, that contains a noncompete clause in Great Britain, with a typical generation of around
six months.
That's my noble friend identified, this can adversely
impact both the worker affected through limiting their ability to move between jobs and the wider economy due to impact on competition. It is often assumed
that noncompete clauses are only found in contracts of high earners,
however, research by the Competition and Markets Authority published last year, found that while noncompetes are more common in high-paid jobs,
even in lower paid jobs, 20-50% of workers believe they are covered by
noncompete clauses. The government have been reviewing the research,
and the work that has been done to date on noncompete clauses, and I am pleased to be able to confirm that
we will be consulting on options for reform on noncompete clause has, in employment contract, in due course.
Bylaws, Mark my Lords, finally, the noble Lord, Lord Hunt, ask for my
suggested reading list, from my noble friend's kind offer earlier
this afternoon, and of course, I can do no better than to recommend the noble Lord, Lord Clement-Jones',
excellent book on AI. Therefore, in
that spirit, I asked the noble Lord, Lord Clement-Jones, to withdraw his amendment.
17:25
Lord Clement-Jones (Liberal Democrat)
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The noble Baroness nearly won the
over by that point, my Lords. Can I thank her, I do feel like someone
who is expecting a full meal and just received a rather light snack,
my Lords, but I will explain why as we go through. First of all, I want
to thank the noble Lord Holmes I feel I am somewhat upstaging him, putting an amendment at the front of
the group. But, we have many common themes that we both have pursued
over the years together, and I do agree with him about the
desirability of a cross sector approach.
He is much more patient
than I am, so putting down individual amendments, and hoping that the Minister was going to make
satisfactory answers, he is clearly more optimistic than I am, whether his optimism has been justified
his optimism has been justified
today, I am not so sure. The
Minister couldn't even really acknowledge that the work done by
the TUC, which I think are the absolutely groundbreaking, my Lords, in so many ways. As I said, they have taken four years, so it seems
extraordinary the government is doing what it's doing.
I acknowledge
what the noble nor -- Noble Lord had to say, not sure how it connected to AI but I thought he brought the
subject of noncompete clauses very currently linking it to innovation, which does links to AI, of course, and I was encouraged by what the
Minister had to say on consultation
on form, just take me back to, the noble Lord Hunt reminded me that I
was a solicitor, unlike him, I do
not have a practising certificate still.
But there we are, he has got
much more stamina than I have. But of course, noncompete clauses can be extremely important in terms of
making sure that know-how and so on is preserved within an existing
business. And I thank the noble Lord Freyberg as well in terms of what he
had to say, making sure that AI ensures human flourishing, and that
we preserve agency. And this is what amendments of the kind that the
mobile Lord Holmes and I put down are all about, my Lords.
-- Noble
Lord Holmes. Ecosystem, AI management essential tools were talked about, there was going to be
a consultation on. But I could sense in there that there was any intention at all to do anything, and
involuntary approach. We have a lot of employment law, which has
developed over the years, the government seems to be absolutely allergic to doing anything with any
allergic to doing anything with any
teeth. She mentioned that the issue of recruitment practices, my Lords,
but that, again, seems to be very
much a voluntary approach.
The AI Security Institute is not a
regulator. So, I cannot feel the
Minister was given much more than what the noble Lord Lyon gave last time. For instance, the Minister
talked about consultation, over makework proposals. But this
involves talking about best practice, in terms of the adoption
of AI, how best to deal, how best to deal with surveillance technology.
Again, I did not sense any real intent to try and make sure we have
a new set of protections in the work place, in the face of AI, my Lords.
I very much hope that, as time goes on, the government will develop a much more muscular approach to this.
much more muscular approach to this.
As many noble Lords say, AI presents a great number of opportunities in the workplace, but what we absolutely do not want, is to see
that opportunities are overwhelmed by mistrust and a belief that AI presents unacceptable risks, on the part of those employees. What we
want to see us employees understanding that, in the face of
AI adoption, they have the right to be consulted, there is proper risk assessment of the introduction of
these systems into the workplace, and so there is a proper consensual
approach to AI adoption.
I really do
not feel the government is keeping up-to-date with the issues in this respect. But I am afraid that his
rather reflected in some of the issues we are going to be talking about on Wednesday as well. In the
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meantime, however, I beg leave to withdraw the amendment. Is it your Lordship's pleasure this amendment be withdrawn? The
amendment is, by leave, withdrawn.
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amendment is, by leave, withdrawn. , I rise to speak to amendments
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111A, 1116A, and B, in my name, and 111 I rise to speak to amendments 111A, 1116A, and B, in my name, and
17:31
Baroness Barran (Conservative)
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111A, 1116A, and B, in my name, and 111B in my name, the name of the noble Lord, Lord Goddard of Stockport. They seek to improve the government's proposals to mandate a
single detailed set of terms and conditions for all support staff. As we debated in committee, the status
quo isn't perfect. The current national council arrangement have
significant weaknesses in their application schools, which has led some local authorities, to opt out
some local authorities, to opt out
I hope the House will forgive me if
I remind noble Lords why these amendments are necessary.
First of all, we are talking about a very large workforce, about half a
million people are employed within
the school support staff workforce, half of those, roughly, our teaching assistants, and the other half have a huge range of roles, literally
thousands of different roles. This
is a very complicated area. There is variety in roles and in conditions
that reflect local needs, whether it is the organisational structure of a
trust, pressures on local authority where it opts out of the NJC, or
where employers have particular
needs because of geographic local market conditions, I mentioned in my debate at committee the difference
in trying to recruit an IT assistant
in Cambridge versus Oldham, and the landscape is very different today
from the early 2,000 is when the triple SNB previously existed.
We
now have around two and a half thousand trusts with about half of
our schools interests and half in local authorities, but the
innovation we have seen in relation to these conditions for school support staff has, of course, been,
largely, in the trust sector, so
just to recap our specific worries about the bill as currently drafted.
The first is that it will add to the complexity of the workload and the
cost of every single school in the country at a time when we know that
schools are under considerable pressure and where the Government is, rightly, focusing on recruitment
and retention of the workforce, both teaching and support staff, and my
amendment 111 a seems to mitigate the potential damage of this by
limiting the triple SNB powers to creating a framework that academies
must consider regarding my numeration terms of conditions,
training, career progression, and
related matters.
I tried to work out roughly how many role profiles the department would need to create two
breaths of roles that the triple SNB will cover, and I think it is
realistic to say that across about 22,000 schools and around two in
half thousand trusts there will
literally be thousands of ways of dividing up the specifying roles so that if the triple SNB is going to try to articulate the role profiles
in detail, they will have to produce
thousands of them.
We just debated
the power of AI, may be these are all going to be drafted by AI, who
knows, if not, it could take a very long time. And just to give one example of the complexity of this, we think just about finance roles in
schools and trust, they could vary
from the chief financial officer of a very large trust, the chief operating and financial officers in medium-sized trusts who manage estates and technology through
finance directors of smaller trust,
executive business managers in larger trust, finance directors in single Academy trusts who have a
role not unlike a business manager
who maintained school work but with more accountability, then we go to finance managers, finance assistance, senior management consultants, financial accounts,
finance business partners, payroll managers and the list goes on and
all of these are in endless company
should switch change over time as trust and schools grow, shrink, and change, and the same is true for H
are, for technology, for data, for
projects, as well as pastoral roles, so this is just to illustrate that we are looking at a vast undertaking
and, more importantly, a needless one given my amendment and the
Governments very welcome amendment 112 and associated amendments which
clarify that there cannot be an agreement that cuts the pay of a
school support staff member.
That any national framework which fails
to acknowledge this reality risks
becoming either so vague as to not be useful or too rigid to serve
communities effectively, we just have not had clarity yet from the Government about how this is going to be addressed in the real world
and we are also worried there was no estimate at all for the additional
costs that this approach will create four schools and my amendment 116
aims to address this. It seems extraordinary to introduce a measure that would increase costs to
schools, increase costs to the public without working out how much
that would be and I do not know if the noble Baroness the Minister can the House on that point.
And our
final concern is that the Government amendment 112 would not fully
address the ability of trusts to innovate and improve the terms for
their support staff which, rightly, the Government has, as its priority, in terms of recruitment and
attention, and as I read it, it appears to say that subsections two to five on page 207 line 17 of
schedule for do not apply if each
individual term and condition is to the advantage of the employee, and I
phrased that in a positive sense that the amendment is phrased the
other way around.
And I think across the House I hope we are keen that innovation in terms of terms and
conditions as possible where they
provide an advantage to the employee
in the round, but not necessarily looking at every element separately.
For example, some trusts have a policy, currently, that everyone who joins any child facing role must
either have or work towards achieving a level III qualification.
That is clearly good for children it leads to higher pay which is good
for the member of staff, but the duty on an employer to work towards a level III qualification is clearly
a new requirement on that employee and my understanding is that
anything that requires a person to acquire a qualification or undertake
training is not defined as an
improvement in their terms and conditions, so an employee could reasonably say I do not have to do that under the new national terms
and conditions, even where the
unions think it is a good idea, other employees are in favour of it, so trusts would not be able to stick
with such approaches that benefit children and benefit staff, so I hope that the noble Baroness the
Minister can confirm that my understanding of this is right.
It
is frequently the case that contracts for support staff and trusts are very differently constructed to those in the
maintenance sector, and if contracts specify that ours, holiday, allowances, pay skills et cetera are
set out in a completely different way the triple SNB terms and
conditions, the overall impact of this is better for everyone, why would we want to rule this out?
Could the noble Baroness the
Minister please confirm? The noble Baroness Lady Smith kindly met with the Noble Lord Goddard hand eye last
week.
She pointed out that school support staff the only public sector
workforce without a pay negotiating body, and of course she is right on
that, but if the Government is interested in the outcomes rather than the process, then my
amendments, particularly 111 a achieve their aim is but avoid
complexity and cost. We believe that
the Government has addressed the issue of setting a floor, not a
ceiling on pay, but we do not think that the amendment, as drafted, though I understand it is the government's intention to address innovation, it does not address the reality of innovation and
improvements of terms and conditions, hence my amendment 111.
I hope the Minister can be clear when she comes to sum up that the
Government will agree with me and with the Noble Lord Goddard that we can find a way to address this effectively. I beg to move.
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Amendment proposed schedule four,
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Amendment proposed schedule four, page 201, line 3, leave out for the purposes of this part and insert the
words printed on the Marshall list.
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words printed on the Marshall list. My Lords, may I rather impudently congratulate the Government on its
congratulate the Government on its amendments 112, 113, 115, 116, 116
17:41
Lord Hendy (Labour)
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amendments 112, 113, 115, 116, 116 a, 17, 118, 119. I moved a series of amendments to a similar effect at
committee, namely that the output of
the negotiating bodies should not impose a detriment to existing terms and conditions and should permit any
enhancement of existing terms of conditions by negotiation or
otherwise. I am not so immodest as to imagine there is any causal
connection between my amendments on committee and the appearance of
these amendments at report.
And I recall, also, that the Noble Lady
Baroness Noakes also moved
amendments to similar effect. And
whatever the process, of course the processes relevant, and I do congratulate my Noble Friends on the
front bench for the introduction for the fact that this is a floor and
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not a ceiling. I Resta support might Noble
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I Resta support might Noble Friend in her amendments 111 a and B Government six a and B. I have not
Government six a and B. I have not spoken on this bill, so I registered
17:42
Lord Agnew of Oulton (Conservative)
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spoken on this bill, so I registered my interest for the multi-Academy trust with 1,400 staff and this new
negotiating body literally drives respect of the 1970s, central
bureaucratic body determining
conditions and pay for all to be across the whole nation and it would remove any ability to take note of the local employers, in the case of
my own Academy trust we completed a secondary school structure review in
2022 and just finished the same one for a primary school.
We now have in
place rates that meet our needs in each school and, most importantly,
for our pupils. We have set out a grading system to reflect local conditions in which we operate. We
have primary and secondary staffing levels that are strong and
sustainable, the triple S indeed would undo all of this and the cost of going through this new
legislation would be bureaucratic and increase the overhead in OI
human resources, demonstrating these changes that would take away resources from the frontline with no
meaningful benefit.
I do congratulate the Government for at least accepting that there is a floor to this whole arrangement, but
it still leads an extremely complicated set of bureaucracy. To
provide good education we need
flexibility. We operate very harmoniously with our unions and share a common mission and believe
we have created a first-class card of support staff, indeed only two
weeks ago one of our support staff save the life of one of our children that had a cardiac arrest on the playing field when playing away at a
local defibrillator that had kept
the child alive for 20 minutes.
But looking at this whole L more widely,
if we zoom out just beyond the area of education, we start to see the impact of the aggressive anti- employer strategy being deployed by
this Government. We have seen the impact already of VAT on private schools with them already going out of business and the staff losing their jobs we have already seen the escalation of national insurance,
employers national insurance which is contributing, already, to some
60,000 jobs lost in the hospitality sector, and last week noble Lords we
tried to one the Government about the banter clause which would drive
another nail in to the coffin of the hospitality sector.
Private sector employer marking vacancies of under
great pressure at the beginning of last year there were 900,000
vacancies and by May of this year
that was down to about 720,000. We heard a little earlier in the debate about the Noble Lord Clement-Jones on AI and we are already seeing the impact of this, perhaps more
dramatically in the US where Microsoft in the last two months
Microsoft in the last two months
As my noble friend said, schools are under significant financial pressure
already, and indeed, for me, the most frightening impact is this issue of persistent absence and this
is an area where we knew
particularly non-teaching staff.
For example, in one of our schools in a very deprived area, we use a retired
taxi driver. How does he fit into this rigid new system? We use him because he knows the community, he
has been riding people about that town for 30 years, so, my Lords, I
town for 30 years, so, my Lords, I
plead for flexibility. I've been in
business for 45 years, hired my first employee in 1979, I have created jobs in the private sector
in that time, I can assure you, for that to happen, one needs a flexible employment market.
The SSSNB does
the direct opposite of this.
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I rise to support amendments 111 a and 111B, in the name of Baroness
17:47
Baroness Wolf of Dulwich (Crossbench)
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a and 111B, in the name of Baroness Barran, and I declare an interest as governor of King's College London,
mathematic school. And as a member
of its finance and pay committees. I have been trying to get my head
around the implications of these clauses on support staff, ever since the bill was introduced. And the
more I think about it, the more
unworkable it seems to me it is. As the noble Baroness has pointed out, the complexity of support staff roles and the way they vary with
different types of schools, has become much, much greater in the
last 20 years, just from my own personal experience, as a rather
unusual 16-19 Academy, we do outreach, project in collaboration with charities, the University, we
are engaged in a large number of things, which are not just around
standard school teaching.
$$TRANSMIT' We use, for teaching staff, the standard scale, it is not actually a problem for us. But for
support staff, we have very specific roles, which are suited to the particular activities that people
are engaged with. We certainly pay
as much as we can afford to, and in a London market, we don't have much choice, but the point I really want to stress is, why it is very welcome
to see the government recognising not been reduced as much as this,
there are a huge number of really important and central jobs and roles
out there.
Which vary hugely according to the nature of the
school, and what people are doing. The complexity that this will
introduce for us, when we do the planning of the workforce, and when
we try to work out, where, on the
scales, a new role for profit, really worries me. So, I also hope very much that, as things rolled
out, the government will think very hard about how to move forward, in a
way that allows successful schools, which are going beyond the
traditional classroom teaching, and wish I'd been a huge number of
important things, to continue to create support staff roles, that fit
what they are trying to do.
17:49
Lord Storey (Liberal Democrat)
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I declare an interest in a governor of Kings School in
Liverpool, schools face two challenges, some might say crisis, a moment, there is a shortage of staff
which is becoming a serious concern. And secondly, there are real
pressures on school budgets. And I
suppose, my concern, or I might take it back a moment and say, it was
easy, wasn't it, in the day when all schools were local authority schools because they have the same framework and structures.
And now we have a
very different landscape, which we all accept, and there is no difference now in how we see the landscape. Half the tools are what I
call maintained schools and the other half are academies, with appointments towards secondary
schools. And large multi-Academy
trusts. Who, in a sense, bigger than the local authorities. My local authority where I worked for a
number of US city schools, and there
are a multi-Academy class with far more schools than that.
And we want a system that is fair to all
teaching staff. -- Non-teaching
staff. We do not want to see a cut in salaries but we have to recognise you have a system that is not bureaucratic, giving freedom to
schools in both cases, to be able to do what is best for their staff and
I just fear that that will not be the case, if the government has its way and I hope the Minister will give us reassurance on this. I
slightly disagree with, actually, I do agree with Baroness Wolf, that we have a more varied system but I
slightly disagree when she says all schools, particularly the successful ones, it is all schools, not just the successful ones.
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I am sorry.
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I am sorry. I just hope the Minister will really consider this is a huge issue
really consider this is a huge issue and we cannot see our schools having
and we cannot see our schools having to pay more cost, and we don't want to see any staff disadvantaged by well-meaning move by government.
17:52
Lord Goddard of Stockport (Liberal Democrat)
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well-meaning move by government. I rise to support the amendment
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I rise to support the amendment signed in my name. These amendments, certainly we are dancing on the head
certainly we are dancing on the head of a pin. These are welcome
amendments, they begin to address something I never knew anything about, and support staff never had a baseline figure. And that should be
addressed. The reality of it is, having spoken to the Minister, the
day before yesterday, or today, time flies. The fact is, there are
520,000 of them.
That is 52% of everyone employed at schools, that
is more than teachers, and those support staff are a whole range of
duties, and the majority are
tailored to their specific needs, as has been said in this debate. And I will draw myself to the government
amendment 114, SSSNB unable to reach an agreement, with the Secretary of State, to resolve regulation. As
long as Revelation can refer to persons in conditions of employment, to make employer worse off, it would
also not better employer offering unfavourable terms and conditions
provided by the regulations.
We agree with that. So, why can't they
amendment, and all of Baroness Barran's amendment, changes from a particular worthiness, the SSSNB
will be blocked, it will prevent the
SSSNB from plucky employers who were to adopt new improved employment conditions, providing they meet the standards of minimum supporting.
What we are trying to say here is
where they cannot come to a negotiation, the government should step in where regulation, if they
want to do. But when it comes to recreation, why should we stop somebody wanting to offer more, above the floor, above the base, so
there is no argument about that, we all agree it is the base, to actually say that, actually, why would SSSNB want to block some
employer offering an employee better
terms? Because if you reject this amendment, that is the alternative to what we are arguing.
If somebody wants to pay somebody more, above
the base, it is surely better for
the employee? Surely that is better. Then somebody saying you cannot and
the government may do it. I think the difference is quite subtle, the difference is sooner or later, someone will have to work out the
maths on this. When you work out the maths for 520,000 people, and go to all the local authorities, and you
go to all those academies, private school, everybody, all of a sudden,
as I said before, they are bound to be winners and losers unless you make that never sufficiently high bar, that there are known as and
losers, I cannot imagine what that number will be, because it will be a high number.
And if that is about
empowering people uplifting society, all for that. Again, there is A- level of detail, that detail is
these are enormous numbers of people, this is not a small group of people, this is more than teachers. Teachers have had pay, they have had
more pay, and the teachers have been
on strike for more money. That is your teachers. The support staff do not do that, the support staff are vulnerable. They haven't got the
power to take industrial action, to fight their corner, to negotiate their terms individually with local authorities and academies.
And by
and large, I don't think anybody
employing any of these people are below the minimum wage, I am sure they are all above living wage, so
this is a bit of a sledgehammer to crack a NUT. I get the principle, I understand that, there has been no base figure, that should be
addressed. But if you address in that, and that is a philosophical
labour bodies, then you must put a
pricetag on that, because people need to know what that cost is, not only for my local authority, but for every local authority, and every
academy in the country.
And if the Baroness Ford willing to push this to about today, although I think she won't, then this bench will support it.
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It is a pleasure to follow the
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It is a pleasure to follow the noble Lord Goddard, I agree with everything he said, would have liked to thank Baroness Barran for her amendments in this group and to
thank my noble friend, Lord Agnew, for his very interesting and timely perspective and if I may, I like also to salute the teaching assistant he mentioned. Amendment
17:56
Lord Sharpe of Epsom (Conservative)
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assistant he mentioned. Amendment
111 B ensures the substance of national frameworks and, by accident or design, limit the ability of employers to go further in improving conditions for their staff. It makes
it clear that, while National terms may set the floor, they must not become the ceiling. We must leave
space for innovation, as we have heard level, particularly from those schools, academies, and the trusts that are actively seeking to lead in
areas such as flexible working, staff well-being, or enhanced support for recruitment and
retention.
This amendment does not undermine the framework, it actually reinforces it. It allows it to act as a strong foundation upon which
Moore can be told. Where employers have the capacity and willingness to
do so. We shouldn't inadvertently create a situation where the national body becomes the constraint, rather than a support. I therefore welcome the clarity this
amendment brings, I commend my noble friend for bringing it forward, if he decides to press it to a vote, we
will support it.
17:57
Baroness Jones of Whitchurch, Parliamentary Under Secretary of State (Department for Science, Innovation and Technology) (Labour)
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My Lords, if I first speak to
government amendments 112, 113, 114,
115, 116. The school support staff negotiating body recognises the
essential roles and responsibilities of over 800,000 support staff working in our schools, supporting
our children to achieve and thrive. And like the noble Lord, Lord
Sharpe, I very much pay tribute to the teaching assistant that the
17:58
Baroness Jones of Whitchurch, Parliamentary Under Secretary of State (Department for Business and Trade) (Labour)
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noble Lord, Lord Agnew, mentions. And we all know examples of support staff who have paid a significant
intervention role in helping to run the schools. Roles which I would say are often under rewarded and unrecognised. And it is about time
that we put them on a proper footing. And they are paid and
conditions on a proper footing. And
it is right that we have a mechanism for employer and employee representatives to come together to negotiate and to agree pay and conditions that reflect the varied
and vital role that support staff undertake.
We have heard arguments
made across the House, that we must make the legislation itself clearer,
that the SSSNB will not mandate A1 size fits all approach. And individual employees will be protected from any moves to their
detriment, as a result of the SSSNB process. My Lords, we have listened
to noble Lords on this issue, and while we have always been clear this is the government's intent and it can be achieved through existing
provisions, we have decided to amend the SSSNB provisions to ensure that both principles are established in
primary legislation.
This change
will mean all school support staff will benefit from a minimum offer or floor for paid conditions and there will be no ceiling, to prevent
employers offering better pale conditions. This protects individual
employees and allows employers to go beyond agreements reached, should they choose to do so, in response to their local circumstances. This was
the argument very much made at committee stage. A number of noble
Lords are giving that particularly academies, and employers, wanted to
pay more and give better pay and conditions, and we are making it
clear that that is absolutely the right thing to do, and our
amendments will do that.
If I turn now to amendments tabled by the noble Baroness, Baroness Barran,
amendment 111 a would change the remake of the SSSNB for academies, so that academy employers would be
required to have regard only to the framework. As outlined in response
to this amendment, during committee, it would be wrong to create a two
tier system for support staff. As
roughly half of the 22,000 state funded schools in England are now academies, it is right that academies are included in the
Thatcher Tory remit of the SSSNB, in the same way as maintains in
schools.
I would say to the noble Lady there is no need to take a different approach for academies,
where there will be ample room for all schools, irrespective of their
structure. But I hope she understands and agrees that all
school staff support and deserve to know where they can expect, what
they can expect, as a minimum for paid conditions, and they can continue to benefit from more favourable terms were employers
offer them. However, the amendment proposed by the noble Baroness risks a two tier system that undermines
the role of the new negotiating body, establishing minimum standards, which will work for all
schools, in recognising the vital roles the support staff undertake.
If I now turn to amendment 111B, which would prevent the SSSNB from
blocking employers, who wish to adopt new or improved employment
terms or conditions. I agree with the intent here, but this amendment is simply unnecessary. The government amendment I have just
spoken about only prevents this. I
know the noble Baroness and Lord Hannay useful meeting with my noble friend, Baroness Smith, the Minister for, on this, where this was
Our amendment only establishes that there will be fix ability for schools that offer more favourable
terms for their support staff in response to local circumstances in the contract only needing to change
if there terms or conditions are below the statutory minimum agreements arising from the SSSNB.
This allows employers to retain
contracts for their employees that contain more favourable pay and
conditions that were agreed prior to the SSSNB regulations or for employers to agree more favourable pay conditions through a subsequent
local negotiation. Importantly, our
amendment both protects individual employee entitlements and preserves the flexibility for employers. The
SSSNB will not mandate uniformity, or significance to schools, instead,
it will mean that support staff in academies and maintained schools will all benefit from a minimum of
will all benefit from a minimum of
that is appropriate for the rules
staff are undertaking in schools and it will also allow for greater consistency in the relationship between roles, training, and pay, as agreed upon by representatives representing the increase school support staff and their employers.
If I could now speak to amendment 116 a, as I have outlined at
Committee stage because the costs associated with the constitution of
the SSSNB are limited to fees that will be met by the Department and it would that be disproportionate and
unnecessarily restrict the flexibility to amend the constitution if the Government Secretary of State was required to have an impact statement and laid
before Parliament before making or revising these constitutional arrangements. We now turn to
amendment 116 B which requires the annual reports of the SSSNB to include the increased costs to the
education sector of the agreements made in that report.
The Secretary
of State will specify what the SSSNB
needs to consider such as the cost implication and the practical considerations for schools when remitting the SSSNB. And of course
employers will also have reports on that to ensure that their interest
in the costs that they are concerned about are taken into account.
Assessing the cost implications and affordability for the education sector of agreements reached by the
SSSNB on paying conditions would be for the Department of education
prior to the Secretary of State ratifying any agreements, the Secretary of State has the power to
affirm that to the SSN B or issue alternative regulations, should the
agreements not be practical, this is the failsafe that I think that the Noble Lady the Baroness is looking
for.
It would not be appropriate to specify in primary legislation that these assessments would be contained
in annual reports to be produced by the SSSNB and we anticipate that the Department for Education would be
better placed to undertake assessments than the SSN B itself
and to decide where or whether they should be implemented. If I now turn to Government amendment 117, 118,
190 and 122, which are intended to have the same effect as the Social Care Negotiating Bodies as
amendments in my name to the SSN B clauses, it is critical to this Government to provide better care
for people in their own homes and in the communities where they needed.
These provisions will help ensure that care professionals are
recognised and rewarded for their important work. They were 1.59
million people working in the adult social sector in England in the
financial year 2023, 2024. As such, we are introducing amendments to
ensure that changes to workers pay and conditions as a result of the agreements for collations being
implemented would only be to their benefit. This amendment also makes
it clear that employees can offer more favourable terms and conditions than those provided for by an agreement or equivalent regulations,
including through collective agreements.
This would incentivise
employers to compete when attracting talent. And, finally, I turned to Government amendments 120 and 121
Government amendments 120 and 121
and we are always grateful to the committee for its excellent work
that we can counter with its statement that it is heartening that inability someone in dedicating powers it is only found for on which
to raise concerns and we wish to
look at our amendments to clause 46 that will ensure that substantial content of guidance is subject to
parliamentary scrutiny and the
appropriate legislature where regulations set out in consequences for failure to comply with the duty and regulation to the guidance.
The
measures being introduced show major
reforms, creating new structures to address major problems in the social care sector and, as such, our drafting has needed to evolve over
time and respond to new issues as we built this process and we are happy
to accept the committee's feedback and we hope that your Lordships house, we hope to ratio your Lordships house and the commitment
to provide Parliament with appropriate oversight. I therefore
beg to move all of the Government amendments made in my and I asked the Baroness Barran to withdraw 111
A.
18:08
Baroness Barran (Conservative)
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My Lords, I would like to thank
all noble Lords who have contributed
to this short but important debate and I think that my Noble Friend,
the Noble Lady Baroness and Lord
Storey made very good, practical examples of the risk of this
approach and of undoing some of the good innovation that has happened in
this sector over several years. The
Noble Lord Goddard said he thought we might be dancing on the head of a
pin and maybe he's right but I think there is a sort of fundamental principle at the heart of this that
seems to be little different in the Department of Health at the moment and the Department for Education
about the amount that we trust those leaders within the sector to take
these decisions.
And I think we have seen really positive change in the
sector in relation to school support staff as the result of innovation
and as the result of delegation to school and trust leaders. And I
think that we regret very much on these benches that recently is a and
what appears to be a change and rather diverging policies between
Government halls. Turning to the
remarks from the Minister, she
talked about the fact that we would not have a one size fits all
approach, and what I tried to be
clear about in my remarks is we will not have a one size fits all and that clearly cannot happen, we are
going to have several thousand sizes, and that is just unworkable.
I know the Noble Lady does not agree
with me, but I think that is the
reality. She talks about ample room for innovation but not wanting a two tier system and I just find it hard
to kind of follow the logic if we have enough room for flexibility by definition, there will be evolution
and there will be floor, but,
rightly, there will be differences in different areas., She said that
the Government, and I is understood, she will correct me, but the
Government would cover any costs associated with these changes.
I would just remind her that the
Government imposed the new employers National Insurance contribution that has not covered all of the costs for
schools, and that is unless schools are having to try to cover part of
that themselves, so I hope that in
this case we could take her words as literally 100% of the cost, but I do
not think, on the one hand I do not think that we disagree about innovation, but on the other hand
she did not address the two examples that I gave in my speech were
actually it is the package of conditions that are innovative and
to the advantage of the individual employee and that her amendment 112
does seem to be, and I and not a lawyer, to have been extremely carefully framed, so it talks about
the subsections two to five do not apply in relation to a term or
condition for the person's employment, singular, and to the extent that giving effect to the
agreement would alter the term or condition to the person's detriment
and then goes on and says do not prevent the terms and conditions
plural of a person's employment from including a term or condition singular that is more favourable to
the person and would otherwise have
effect et cetera et cetera, so when I talked to leaders in the sector, but they are worried about is that
they put together a package of conditions and I gave the example of where someone has a requirement to
reach a level III qualification but then obviously is entitled to higher
pay.
Something that benefits children and that individual. She did not address that point and I am
left not with a concern that we want a different thing, although I do have a nagging doubt that this
phrasing would exclude that. But with the reality that I think that
as drafted we do need amendment 11
and 1B but I will, as the Noble Lady requested, withdraw 1118, but I
would like to test the opinion of the House on 111B.
**** Possible New Speaker ****
Is at your Lordships pleasure that amendment 111 a be withdrawn?
Amendment is, by leave, withdrawn. Amendment 111B, moved formally. The
Amendment 111B, moved formally. The question is that amendment 111. The question is that amendment 111B agreed to. As many as are of that
opinion, say, "Content", Of the contrary, "Not content", the question will be decided by
question will be decided by division. I will advise the House
Voting Voting is Voting is now Voting is now open.
Voting is now open. Clear Voting is now open. Clear the Voting is now open. Clear the bar.
**** Possible New Speaker ****
The The question
**** Possible New Speaker ****
The question is The question is that The question is that amendment 111B be agreed to. As many as are of that opinion, say, "Content". Of the
that opinion, say, "Content". Of the contrary, "Not content". The contents will go to the right by the
thrown comedy not contents to the
thrown comedy not contents to the left by the bar. -- Will go to the right by the thrown comedy not
**** Possible New Speaker ****
The The question The question is The question is that The question is that amendment
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May May have May have noted, May have noted, contents
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May have noted, contents 266, May have noted, contents 266, not
**** Possible New Speaker ****
May have noted, contents 266, not contents 162, the contents have it.
contents 162, the contents have it.
We now come to government amendments
112-116, which were moved formally. The question is that amendment 112- 116 will be agreed on block, As many as are of that opinion, say,
as are of that opinion, say, "Content". Of the contrary, "Not content". The contents have it.
content". The contents have it. Amendment 116A, Baroness Barran, not moved.
And amendment 116B, not
moved. And amendment 116B, not moved. We then come to government
moved. We then come to government amendments 117-122, to be agreed to.
Moved formally. The question is that these amendments be agreed to. As many as are of that opinion, say,
"Content". Of the contrary, "Not content". The contents have it. We
now come to the next group. After clause 53, amendment 112 112A, not
Hendry.
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It is actually amendment 120 2A, and the purpose of this amendment
and the purpose of this amendment was to probe the extent to which the
18:25
Lord Hendy (Labour)
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was to probe the extent to which the new category of seafarers, called GB
Linked Ships Crews, should benefit from other employment rights, apart from the one bestowed by the bell.
And it gives them a right in relation to consultation over
collective redundancies, which is a consequence of a piano ferry scandal
but I understand the discussion between the unions representing these seafarers and the ministerial
team, and in light of that, I should
leave it to the Minister to set up
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the situation. Amendment correctly proposed as
122, A, after clause 53, insert the following new clause, as printed on Marshalled list.
**** Possible New Speaker ****
I beg to move. I just wanted to briefly say,
18:26
Lord Davies of Brixton (Labour)
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I just wanted to briefly say, having raised these issues at the beginning of the committee stage,
and the favourable response to the frontbench, to arrange a meeting, to
be discussed, I am very much looking forward, at least I hope I am very
much look forward, to the Minister,
I thank my noble friends for moving their amendment, and I beg to move
amendments 123 and 124 in my name. These amendments relate to clause 54
which provides, giving effect to international conventions and to give effect to national agreements, as they relate to maritime
employment.
Abbott like to thank the delegated how and regulatory reform committee, for its consideration of these powers and its recommendation,
to amend the procedure for 84 to a two, for first-time informative, for affirmative oral uses, I wrote to
the committee on some of the July, setting out our response in full, these amendments change the parliamentary procedure applicable
to regulations, made under the power in the new section, of the shipping
act 1995, giving effect to international agreements, as they relate to maritime employment. This
amendment means all uses of the powers could affect future all specified international agreements
will now be subject to affirmative procedures not just the first use.
It means Parliament have greater
oversight of these agreements and amendments to them. If I now turn to amendment 122, A, tabled by my noble friend, Lord Hendy. The amendment
would specify that the statutory rights, to which workers in the UK are entitled, also apply to ships crews working aboard services that
enter ports in Great Britain. 120 more times per year, or that operate
between a place in Great Britain and another place in the United Kingdom.
18:30
Baroness Jones of Whitchurch, Parliamentary Under Secretary of State (Department for Business and Trade) (Labour)
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This scope of service is covered, following the approach taken in
following the approach taken in clause 29, where government have sought to ensure that those employed abroad these services are cashed by
abroad these services are cashed by the requirement, for collective
the requirement, for collective redundancy. I would like to thank my noble friend for this amendment,
noble friend for this amendment, about the application of employment rights to seafarers, and frankly maritime trade union for their continuing engagement on these
continuing engagement on these issues.
I hope to be able to provide some clarity today, but we can also commit to continuing ongoing discussion about how we can ensure
that seafarers are receiving robust protections. The government wants to see stronger employment rights for seafarers, that is why in addition
to the broader changes to employment rights, we have included a package of maritime specific measures in this bill. As my noble friend notes,
this bill. As my noble friend notes, we are closing the loophole that means the ferries can avoid prosecution, for failing to provide
prosecution, for failing to provide advance notice of proposed collective redundancies.
And we are providing powerful mandatory seafarers charter, which will allow
seafarers charter, which will allow us to set out a high minimum standard, for wages, and for how long seafarers can spend at sea
long seafarers can spend at sea without a break. This will establish
A-level playing field, that will help prevent the undercutting of working conditions in the way they
sought to do. The new power to give
effect to the Maritime Labour Convention and other international agreements, as they relate to
maritime employment, is also important.
Where international agreement is needed to improve
protections, we can implement those changes. In relation to broader employment rights, it is important to note that many seafarers with
strong connections are already entitled to British employment rights and would be entitled to protections in this bill. This will
include seafarers, who would
ordinarily work in the territorial waters of Great Britain. It would also consider how seafarers who
spent some time working outside
would be covered. These legal tests would ensure those seafarers who have a strong connection that they
would expect to be covered by GB law are indeed protected.
While we appreciate the intention perhaps this amendment, as drafted, it's
very broad and would apply a wide
but uncertain range of rights onto seafarers with various levels of connections in Great Britain, spanning across a significant number
of pieces of legislation. Except in this amendment without undertaking a proper review of the consequences of
this, across all relative pieces of legislation would run the risk of
unintended consequences for seafarers. It could not only to
supply certain rights for seafarers who currently receive them but also false UK employment protections but those who wish to be covered by
different jurisdiction, depending on
Applying the frequency test to all statutory rights is not the same as
applying it to the collective
redundancy rights.
Neither of these measures confer any individual
rights and the seafarers and the mechanisms carefully designed to ensure compliance of the specific measures with international law.
Since this amendment will confer
individual rights and seafarers working on non-UK flagships that will be enforceable in UK courts, it
is important that we consider the legal consequences of this. In particular we would need to
carefully consider how international
law, sorry, we will need to carefully consider the international law implications. It's important we
chart the right course between protecting seafarers connected to the UK and making sure our framework
is legally robust.
The reasons set out we cannot except this amendment as drafted. This amendment would
have far-reaching implications, which would need proper consideration and scrutiny of the
issue. As I say, the risk of unintended consequences are too great and it could undermine the
progress for seafarers that we have
made to the carefully designed measures in the bill. However, we do appreciate the intention behind the amendment. Let me assure you that
this government is committed to protecting seafarers and we will continue to work with ambition and determination to advance seafarers rights internationally and
domestically.
We will welcome the opportunity to continue the extensive engagement we have already undertaken with the unions and
industry about the application of employment protection to seafarers.
The maritime minister recently met with the RMT and undertook to continue dialogue on this matter. He will be happy to meet with them
again following official discussions to explore how we can secure the
objectives behind my noble friend's amendment. On this basis and with that I asked my noble friend to
withdraw amendment 122A and big to move both of the amendments in my
name.
name.
18:34
Lord Hendy (Labour)
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My Lords, in the light of my noble friend the Minister's statement, her recognition of the
shortfall in employment rights for seafarers and a commitment to
continued engagement with the maritime unions and indeed employers to discuss the ways in which the
intent behind this amendment might
be ultimately achieved, I am very, very happy to withdraw my amendment.
**** Possible New Speaker ****
Is at your Lordships pleasure that this amendment be withdrawn? Amendment by leave withdrawn.
Amendment by leave withdrawn. Amendment 123 and 124, the question is that these two amendments be agreed en bloc. As many as are of
agreed en bloc. As many as are of that opinion, say, "Content". Of the contrary, "Not content". The
18:34
Lord Sharpe of Epsom (Conservative)
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contrary, "Not content". The contents have it. After clause 54,
**** Possible New Speaker ****
amendment 125, Lord Sharpe of Epsom. RIs to speak to amendment 125 standing in my name. This amendment
standing in my name. This amendment speaks to a fundamental principle
that we should run through every piece of employment legislation reconsider and that is the right of the individual to determine their
the individual to determine their own path. Too much of this will rest
on an implicit and rather patronising assumption that workers are somehow incapable of managing their own affairs. They must be
their own affairs.
They must be corralled, collectively represented and told what is best for them. This
and told what is best for them. This
challenges head-on. It gives a worker the right not to be bound by
worker the right not to be bound by It's not antiunion, it is pro- choice. It is pro-individual. If we believe in personal responsibility we must also believe in personal
we must also believe in personal freedom. Workers are independent minded individuals who want to make
minded individuals who want to make up their own minds about pain
up their own minds about pain conditions.
We have to be clear, statutory rights stay in place. This amendment does nothing to undermine minimum standards, but allows the worker to rely on them without
relying on a collective network. The
government treats workers as a monolith. They are if I'm not I merit, but by mentorship and
conformity. This offers a powerful alternative that the individual
workers matter. Their preferences matter, freedom of contract isn't an
abstract legal concept, but a cornerstone of liberty. I beg to move.
18:36
Lord Hendy (Labour)
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Amendment proposed. After clause 54, insert the new clause as printed
on the Marshalled List.
**** Possible New Speaker ****
I speak to amendment 127, but before I do so, can I just say a
word about the noble Lord Lord Sharpe's amendment 125. He and other lords on that side of the House
lords on that side of the House often accuse those on this side of the House of ignorance of business,
the House of ignorance of business, but this amendment shows ignorance
but this amendment shows ignorance of what happens in industrial relations on the ground. Let me make three points.
First, there is nothing in the law to prevent an
nothing in the law to prevent an employer and an individual employee
employer and an individual employee agreeing an improvement to terms and conditions on an existing collective
conditions on an existing collective agreement. Save in exceptional
circumstances such as that illustrated by the case of Wilson and Palmer in the United Kingdom
where the employer offered to pay workers a higher rate of pay if they surrendered their union the ship. That principle would also apply to
That principle would also apply to prevent the penalisation of workers
prevent the penalisation of workers on grounds of any other protected characteristic, but as a general
characteristic, but as a general principle, workers and employers can
agree to improve an existing collective agreement.
Second point,
why would an individual employee agreed to detrimental terms, terms are worse than a collective
agreement? Lower wages, fewer works, less holidays, worse terms and
conditions? There can be no reason why a worker would wish not to abide
by the existing collective agreement. Employees need detection
against employers, he might
otherwise exploit this proposed loophole by saying to an individual
employee I want you to opt out of the collective agreement, hence undermining it. Third and final
point, collective agreements are not dictated by the trade unions, but
they are agreed by an employer and
usually by a vote of the employees.
What we need is more negotiation and
less litigation. With that I turned to my amendment 127. This amendment
is intended to provide my noble friend the Minister and the
Secretary of State with a mechanism to promote and encourage collective
bargaining on a sector wide basis without prescribing in detailed the
model to be deployed. It is to be used when needed. It does not compel
the government to put it into
operation. I will not repeat the arguments I developed in committee
over the course of three speeches about collective bargaining, but I
think I may be permitted to summarise the gist of those arguments in six points.
First, the Employment Rights Bill makes
commendable forms to the legal machinery to establish collective
bargaining between trade unions and a single employer. But there is no
mechanism in the bill or anywhere else for multi-employer collective
agreements, or sector wide collective agreements. Secondly,
sector or collective bargaining was the norm for the United Kingdom from
the norm for the United Kingdom from
1918 up until 1990. It established a coverage of over 80% of British workers between the years 1945 and
the late 1980s.
That percentage of
workers covered by a collective
agreement has now declined to 25%. That means that three quarters of our workforce are employed on take
it or leave it terms without any possibility of negotiating anything better than that which the employer
offers. Thirdly, 80% collective bargaining coverage curiously, or
coincidentally, is the level now set for the 27 member states of the
European Union after two decades in
which the EU undermined sector or collective bargaining. That policy
was reversed in 2024 by means of I -- by means of a directive.
Of
course collective bargaining is advocated by the OECD, the IMF and the ILO. Fourthly, Labour's Green
the ILO. Fourthly, Labour's Green
Paper new deal for working people and the subsequent publication
Making Work Pay, Implementing the New Deal for Working People, Labour
manifesto and the King's Speech will endorse the extension of collective
bargaining. Fifth, I come to the benefit of sector or collective
bargaining. I think they need spelling out again. They are as I
identify them at least eight particular benefits.
First benefit,
sector or collective bargaining
increases wages. Let us recall that the real value of wages has risen
only half a% in the last 20 years. Secondly, arising wages increases
demand in the economy. Demand for the goods and services produced by
employers. Thirdly, collective bargaining contracts the
differentials which have emerged,
Gender Pay Gap, ethnic minority pay gap, disability pay gap and so on. Fourthly, collective bargaining by
increasing wages diminishes the need for state benefits by way of subsidy
to low wages, and let us not forget
that 31% of those in receipt of Universal Credit are actually in
work, which gives an indication of the lowness of wages in this
country.
Fifth, the increasing wages
increases the tax take by the government which diminishes the need
to find money elsewhere. Six,
sectoral collective bargaining means that there is no undercutting.
Seven, the other side of that coin means it encourages employers to
compete on productivity, investment and other issues. Eight, it achieves
a form of democracy at work. It
gives workers a say in the terms and conditions on which they work. I
said there were six points and the sixth and final point is one of
particular interest to me as a lawyer.
It is that the observation
that the rule of law plays apart here. The rule of law, Lord
Bingham's eighth principle, is that
states must abide by the treaties which they have ratified. That
principle has been endorsed in almost every speech I have heard my
noble and no lead friend the Attorney-General give since his
appointment to the office. -- Noble and learned right honourable friend.
Convention 98 and article 6, sub-
article to the European social Charter 1961 impose the duty on
ratifying states, which includes the United Kingdom, not just to permit
collective bargaining, but to
"Promote and encourage" Collective bargaining.
The Employment Rights Bill was the opportunity to promote
and encourage collective bargaining at sectoral level. But the bill does
nothing to do that in any sector of
the economy. I will remind the
House, and I created this very short couple of sentences from the
European committee on social rights, who said, if the spontaneous development of collective bargaining
is not sufficient, positive measures should be taken to facilitate and encourage the conclusion of
collective agreements. Where only 30% of the total number of employees are covered by collective agreements, voluntary negotiations are not sufficiently promoted in
The United Kingdom is now significant below 30% of collective
bargaining coverage.
In many
sectors, collective bargaining is not common to use the words of the
committee, spontaneously developing. One only has to think of agriculture, food and parcel delivery, hospitality, social care
and so on. I have not forgotten the
Adult Social Care Negotiating Body or the school support staff
negotiating body, but for reasons I set out at length in committee and won't repeat again, those bodies do
not constitute a collective bargaining and cannot be extended to
other sectors.
They are not collective bargaining, one because
the act says they are not, to the
parties have no money over the sub -- autonomy over the subject matter
of the proceedings and thirdly because the Minister can overwrite the agreement or non-agreement. I therefore urge the Minister to accept the offer of this machinery which the bill can keep on its back
pocket until needed. pocket until needed.
18:47
Baroness O'Grady of Upper Holloway (Labour)
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I wanted to speak to amendment
127 standing in the name of Lord
Hendy but I am conscious that some of my comments may be relevant to amendment 125 two which I oppose.
According to the latest NFS figures, 6.4 million people hold a union
card. Making trade unionism by far the largest democratic membership
movement in the UK. Many of
Britain's most innovative companies recognise trade unions and the real value and independent voice for
value and independent voice for
workers adds, EDF renewables to name one.
We've heard on several occasions how union membership has
declined since the 1980s and no doubt we can debate the reasons for
that. But it's also worth recording
that the ONS annual survey of Hours and earnings which is a survey of
employers shows that today the pay of more than four in 10 jobs in the
UK is set with reference to a union agreement. In other words,
collective bargaining still sets the pace for the playing conditions of a
substantial part of the workforce, well beyond union membership.
But
expanding collective bargaining
coverage has never been more urgent. EC The Analysis Show is that the UK has one of the highest levels of
income inequality in Europe. The picture on wealth inequality is even
picture on wealth inequality is even
worse. That is bad for society and a break on fair growth. It's not just about families who work all the hours God sends yet still rely on benefits and food banks, or that
under the previous government, living standards stagnated for 15
long years, or how the real threat
to the survival of pubs, hospitality and small businesses on the High Street is the prolonged squeeze on
disposable income that has hammered consumer spending.
It's more than
that. Ever since the previous government's austerity cuts, Brexit
and then COVID, there has been
growing public anger that sacrifice has not been equally shared. The so-called trickle-down theory of
economics has proved to be an
elaborate con. To take one glaring example, in the financial year from
2023 the CEO of the services giant
my see was paid nearly £15 million, that's 575 times more than the
median worker at the company.
I challenge any noble Lord to justify
that. Some noble Lords opposite may
not like what trade unions stand for, in the other place there party joined the Reform Party to vote
joined the Reform Party to vote
against better set pay and then to exploitative -- and an end to exploitative zero hour contracts and protection against fire and rehire. When it comes to collective
bargaining I have yet to hear the opposition come up with a better
plan for workers so that workers can win a fairer share of the wealth but
after all, they helped create.
Perhaps we can hear an alternative
today? In the meantime as we have heard the evidence is clear, when
individual workers combine their
working power they are much more likely to win better pay, safety, skills training, family friendly
policies, workforce engagement and ultimately higher productivity. A good deal for workers and for their
employers. I congratulate the
Minister on the government's plan to reinstate the school support staff
negotiating body and to establish a Fair Pay Agreement for social care.
This could be transformative, not only for the workforce, but for the
service. And everyone who relies on their dedicated care. But we cannot
stop there, we can debate the detail, but at the heart of my noble
friend Lord Hendy's amendment is the objective to spread the benefits of collective bargaining to more
sectors of the economy. That would
provide A-level playing field for business, lift living standards, improve workforce well-being and boost company productivity, which in
turn would aid fair growth.
In her response to the debate committee on
5 June my noble friend the Minister Lady Jones said that the government
intended to learn from the first Fair Pay Agreement process before
considering rolling out agreements
in other areas. I do understand the concerns to learn from the success of the commitments already contained within this bill. But it would seem
sensible to me to take powers to
introduce more sectoral agreements now, so that the government is ready to act quickly in the future.
I know
that the government understands the absolute urgency of the need to
tackle inequality in this country, to get living standards rising and
to boost business investment in skills and productivity. I have to say that sectoral collective
agreements are one of the quickest most flexible and most effective
ways to do just that. But in the meantime can the Minister kindly
undertake to facilitate a meeting
with the relevant Cabinet Office Minister to explore how government procurement social value rules can
promote their work? And a collective
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voice for workers. I'm grateful to my noble friend
Lord Hendy for directing our attention to collective bargaining
attention to collective bargaining and its historic importance in our national life and its relevance today. Many I think in this chamber
today. Many I think in this chamber
today. Many I think in this chamber today might know that the hero of establishing that collective bargaining system which has been talked about by others so fondly was
talked about by others so fondly was Stanley Baldwin in 1928.
He was concerned about the excesses in the
18:54
Lord Monks (Labour)
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concerned about the excesses in the boardrooms of Britain, he regarded a
lot of directors as profiteers. He promoted collective bargaining and trade unions as an antidote to that
kind of greed. Well we have got another era now of excessive
boardroom remuneration. In the
absence of strong collective bargaining, too many boards don't seem restrained at all by the possible reaction of their workforce
and boy do they take advantage. More collective bargaining would help
check this greed, and a start is
made in the Bill's provision on Fair Pay Agreements, including in the
social care and the school support
staff sectors.
We need a major step up in British employment relations.
The new system to improve productivity, investment and
training. A new system not based on short-term as, but on respect and
investment in skills and capitals, a new system which puts them and us
behind us. And bases itself on priorities and consultation and more
equality. Once this bill is put to
bed and this bill does rebalance relations in this country to a
considerable extent, but I asked the government to go further.
And build an ambitious system which raises the
national game. We can all do better
than this -- in this country.
18:56
Baroness Verma (Conservative)
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In response to Lord Hendy's
amendment I just wanted to explore the fact that we have strong representation currently for the
unions, we've seen that through recent strikes that there is an ability to be able to go out there
and voice your opinion. My worry,
and I would like to have this
recorded that as a business person, as the register lays out is that
most of the businesses impacted will be SMEs, the sectors that are
already dominantly very good
employers.
Most small medium size businesses work with their
workforce, we all wish to do well because we want better productivity. It's not in our interests not to do
so. I want to remind noble Lords my own grandfather was the founder of one of the founders of the Indian workers Association, because at that time unions were not representing
properly minority communities. My worry is that we are going to go back to a place where minority
communities who don't actually know whether they have a choice or not to
be part of the union or not will
have to come back into a union weathervane know that they are a member or not.
I just want to know
from Lord Hendy how that would be
clarified because there would be many from the minority communities
work incredibly hard, our ambitious
aspirational, want to end up owning their own businesses and find that working and learning from employers is the best way to do it. I fully support my noble friend's amendment
because I think that the world has moved on so much and technology has
enabled us to do so many things so differently that we are far more
able to hold employers to account.
There is no place to hide from bad
employers, so I don't think that Lord Hendy's amendments are actually going to make a lot of difference to
today's workforce where we are using a lot of new technologies to be able
to make sure that the workforce is a much more fairer place.
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I don't really quite recognise
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I don't really quite recognise the workplace that the noble Lady
18:59
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the workplace that the noble Lady describes. The fact of the matter is...
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I think I'm right in saying the convention says the noble Lord is not allowed to speak twice in the debate he has not actually been
18:59
Lord Balfe (Conservative)
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moving the amendment. Maybe I could say what I think
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Maybe I could say what I think Lord Hendy was going to say. The
workplace is not necessarily quite as put, both of my grandmothers were business people in their own right
with small businesses, what we always called my English grandmother because she was not the Irish one,
towards the end of her life was asked who she thought the best
politicians and she rather like her grandson had managed to vote for all
of the parties before she died.
She said the greatest politician in
Britain was Stanley Baldwin, because he cooled down Britain after the
general strike and as she used to
put it, he got rid of our Nazi king. So I have a lot of time for Stanley
Baldwin, he is also one of my heroes and the fact of the matter is that this is a thoroughly good amendment,
collective bargaining is a thoroughly good thing and I hope I
haven't to presented what my colleague, I don't know what we call
you.
19:01
Lord Berkeley (Labour)
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I apologise to the noble Lord. I
want to intervene very briefly to reflect on the difference between the debate this afternoon and the
the debate this afternoon and the
debate we had at the time of the P&O disaster. I call it a disaster for the people that were basically
sacked. It was very difficult getting information about what was right and what was wrong, he was
there employer. We were fed a load
of frankly bad information from the company and we got some good information from the trade unions.
But let us just reflect on what Lord
Hill has told us this afternoon, my
noble friend Lord Henley my noble friend Baroness O'Grady about how things have changed. I think it
would have been wonderful if we had there speeches before we debated the
piano things because the problem is still just as bad and it still needs resolving. I am very to welcome these two people in particular and I
them.
19:02
Baroness Lawlor (Conservative)
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Was a little late coming in because I miss read the screen. I
thought we were on one to two. Thank you. I support my noble friend's
you. I support my noble friend's
amendment 125 because we will reinforce the individual freedom of
the workplace, the freedom of the contract and protect the access to statutory rights. I say this in response to some of the points that were made about what other
arrangements could be in place. I
would like to refer to one law firm commenting on the importance of freedom of contract in our laws.
It
reflected...
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Apologies, I am interrupting the noble Lady in full flow. I didn't
19:03
Lord Katz (Labour)
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catch it, but I think she said she
was not here at the start of the debate of the group, so as a
courtesy to their House, we will leave it at that.
19:03
Lord Leong (Labour)
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-all noble Lord who have spoken.
-- My Lords, I thank all noble Lord to have spoken. Lord Sharpe has
tabled an amendment 125. Workers are free to join or not to join a trade
union. It is their choice. They are not compelled to pay any union
subscription or any part thereof
where a union is recognised by the employer for collective bargaining purposes. So they do not need to pay any union subscription, or join the
union.
Many employers choose to
recognise a union voluntarily. One of the advantages of trade union
recognition is that enables the employer to negotiate collective employments, terms of which may apply to all workers in the
workplace. My noble friend Lord Henley explained so clearly the principles of collective agreements.
He said all I needed to say. The
application of the terms of collective agreements to workers
generally depends in any event, or incorporation of those terms into the workers contracts, either
expressly or by implication.
That is the normal position. But providing
some individual workers with the statutory right to withdraw from the previous collective agreement, even
where they can rely on statutory entitlements, would create unnecessary risks of a multitier
system, with workers on different terms and conditions of employment. We believe this is not something
that will be beneficial to employees as it would likely create more red
tape and confusion. We cannot therefore support this amendment.
Turning to amendment 127 tabled by Lord, we welcome any support for sectoral collective bargaining and
we appreciate the informed and wide-ranging debate we had during committee on these points.
We are
demonstrating a commitment to sectorial collective bargaining in the social care and support staff sections, as was debated in the
earlier group. Finally, we believe bespoke primary legislation will be required to allow such bodies to operate as effectively as possible. This will allow Parliament to fully
consider any such sectors and scrutinise the framework for the new
beginning processes. We welcome representation regarding next steps on sectorial collective bargaining and we are working hard to consider
the groundwork required for future models.
However, before this work is done, we do not seek the sweeping
powers which my noble friend's amendment aims to give the Secretary
of State without a sufficient clear purpose of plan. May I say to my noble friend Lord Henley that we are
committed to supporting sectoral collective bargaining where appropriate and recognise a positive
contribution it can make to Britain's economy. However, different sectors will have
different needs, so we need to ensure that any legislation on collective bargaining is for purpose
for each of the specific sectors.
Developing the legislation in
Developing the legislation in
collaboration with the sector and workers will be key to its success. I think this offers my noble friend some comfort in him not moving
further with this amendment. I refer to Baroness O'Grady, and I will ensure that I will mention to
Baroness Anderson of Stoke-on-Trent
who is the Cabinet office minister so she can organise meetings with officials of the Department with
her. As far as ethnic minority
business, I do agree.
Most businesses are good businesses. This
bill goes after those minority and unscrupulous businesses and this
bill does just that. I therefore respectfully ask Lord Sharpe of
Epsom to withdraw amendment 125.
19:08
Lord Sharpe of Epsom (Conservative)
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I thank all noble Lord who have spoken in this brief debate. I will
have to go up and up on my Stanley
Baldwin history. I wasn't expecting that. Lord Henley accuse me of ignorance of industrial relations.
He said why would anyone agree to detrimental conditions? It's missing the point, we are talking about
different conditions. Why can work a
trade holiday for extra pay? So much of this bill is likely to lead to
rather more litigation.
I was interested in the comments about the
workforce up until the year 1990,
but my noble friend Baroness Verma hit the nail on the head when she talked about small businesses. The workplace has changed so
dramatically in the last 35 years, I don't think that remains valid
comparison. We have argued that free negotiation between employer and employees must be the foundation of
any fair and modern framework, but we regret that what we think we see here is modelled in uniformity and
prescription.
It's not just flawed
in detail, is flooding principal because a one-size-fits-all approach
flattens the diversity of working lives. Having said that I have
listened to the noble Lord carefully
and on this occasion I beg leave to withdraw my amendment.
19:09
Lord Parkinson of Whitley Bay (Conservative)
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It is by leave withdrawn. Amendment 126, Lord Parkinson of Whitley Bay.
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I rise to move a member 126 which
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I rise to move a member 126 which
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I rise to move a member 126 which stands in my name along with other noble Lords. This amendment is identical to the amendment which Lord Faulkner and I proposed
Lord Faulkner and I proposed committee, although we have swapped
committee, although we have swapped round. Whereas the noble Lord served as the driver and I took on the role of firemen shovelling fuel into the
of firemen shovelling fuel into the firebox, we have now swapped places. We are glad to have support from the crossbenches and the Liberal
crossbenches and the Liberal Democrat benches as well from the noble Lords Lord Palmer and Lord
noble Lords Lord Palmer and Lord Clancarty.
The noble Lord the
Clancarty. The noble Lord the Minister kindly organised a helpful meeting for us following the debate
meeting for us following the debate we had in committee and we are grateful to him and his officials, as well as to colleagues from the Health and Safety Executive and the
office for rail and roads. Our helpful discussion highlighted the good relationship that the heritage
good relationship that the heritage sector has with its regulators. The heritage Association works closely
with the Orr to produce guidance and examples of best practice across the country.
As we set out in committee this is a sector that takes its responsibilities to its staff,
volunteers and visitors very seriously. It's scrupulous in following the laws and regulations
that governs it. That brings us to
the problem our amendment seeks to remedy. Whilst they have been helpful assurances from the regulators that they would not rely
on outdated legislation as the basis for a prosecution regarding the use of young volunteers, the statute
book says otherwise, fenced law passed more than one century ago seeking to protect women and
children in the decimated workforce that the country found in the
aftermath of the first world war.
The employment of women, young
persons and children's act 1920 makes it unlawful to employ young people underage of 16 on the railways. That was passed more than
30 years before the first preserved railways started operation with the aid of volunteers, but by slightly confused extension to later
legislation the 1920 act prohibits includes unpaid work by volunteers, far from what the original act envisaged. This has had a chilling
effect on the responsible law- abiding businesses and charitable organisations which look after this
important part of our national heritage.
So concerned were they
that in 2015 the heritage Association sought counsel's opinion which confirmed the 1920 act
remained in full sent it was unlawful to allow volunteers under 16 to undertake voluntary work and a
heritage or tramway. For the past decade Lord Faulkner has been
seeking to put that right. The Private Members' Bill he brought in the last Parliament passed all its stages in your Lordships House
without amendment but regrettably was not taken up in the other place.
It did win important and helpful assurances from the regulators, but these do not have statutory forms
and do not cover the threat of civil action or prosecution by other
public authorities.
I stress nobody in the sector wants to be accused of mis-applying the law. If the law is unclear it is our duty to clarify it
rather than asking voluntary organisations to spend many hours and thousands of pounds trying to disentangle the confusion that
legislators have caused. The
amendment that the noble Lords and I have brought is narrowly framed. It seeks to make clear that voluntary
work on a heritage or tramway is not to be considered employment in an industrial undertaking for the purposes of the 1920 act.
It leaves
that act on the statute book. The noble Lord the Minister mentioned in committee a case some 16 years ago
when it was used in connection with the illegal employment of a child in
a factory. We can see it's important in such cases, but this is a world away from the volunteering once you
encourage in young people in our heritage sector. The benefits of
volunteering are manifold. It will help young people in future
employment, it rings together people
from across the generations and diverse backgrounds and will keep our heritage alive.
It's a boost to the organisations that look after
the shared heritage that operate on tight margins and in the face of other challenges. And Friday I had
the pleasure of visiting along with
Expedition. It Expedition. It welcomed Expedition. It welcomed more Expedition. It welcomed more than 1,400 people, telling them not just the proud story of our industrial
past, but showing them how they can get involved in the future of our
railways as coders, whether analysts and so much more and how they can
and so much more and how they can
Of our railways.
The exhibition is brilliantly targeted at school children in school year 7-9, the time when they are choosing the subjects that will stare them towards their future careers. These
are exactly the young people whose passion our heritage railways want
to ignite to help them in whatever direction life takes them. The unintended consequence from this act of Parliament passed more than one century ago stands in the way of
unleashing that potential. The noble Lord has campaigned long and hard
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for it to re-remedied. I do hope his friend the noble Lord the Minister is able to do that today. I beg to move. Amendment proposed. After clause
19:15
Lord Faulkner of Worcester (Labour)
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Amendment proposed. After clause 54 insert the new clause.
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54 insert the new clause. There was nothing in the amendment with which I agreed. He refer to the fact that he and I
refer to the fact that he and I tabled an identical amendment in committee and we have come back tonight because this is an issue
tonight because this is an issue that has to be settled one way or
that has to be settled one way or Declare previously my interest and I should also sound the sponsor each
should also sound the sponsor each year of NHRA on board for three young volunteers, that is to encourage the continued influx of young people to learn the skills and enjoy the satisfaction working on
the steam railway.
Last month in my role as president of the HRA and is
role as president of the HRA and is co-chair of the all-party group on heritage trail I was fortunate enough to take part in the 70th
enough to take part in the 70th anniversary celebrations of the Ffestiniog Railway North Wales which
Ffestiniog Railway North Wales which was brilliantly organised and fitted admirably with the national rail 200
program. Involves a cavalcade of every steam locomotive the railway
every steam locomotive the railway possesses in procession on the end it was a very fine tribute to railways history and its contribution to the economy of North
Wales.
I met young people, many young people who are keen to join
the railway but are prevented from
doing so because of their age. I took the opportunity also to talk to older volunteers who now are a part
older volunteers who now are a part
of the very successful. Most without exception those older volunteers who started ages as young as 13 back in
the 1970s and in blissful ignorance of the employment of women, young
persons and children act 1920.
An act which frankly had disappeared from public consciousness. Many
indeed had been involved in the hard
physical labour of building the deviation, some of your Lordships may know, which allowed the railway to be carried above the waterline of
a new reservoir to reach the
northern terminus. As Lord Parkinson
said, once the HRA received the Holyoake Malcolm advice of the 1920 act had been interpreted to extend to under 16's and included
volunteering as well as paid work, things changed.
The safety regulators had made it clear that they would not prosecute under the
1920 act they would maintain safety and safeguarding under more recent
and appropriate legislation. But I
have to ask why if that is so, this piece of anachronistic legislation
is still on the statute book? I'm most grateful to the Minister Lord Katz for the discussions he
initiated with Lord Parkinson on this, and I know how sympathetic ears to the points we have been
making. I understand the possibility
remains of further guidance from the safety regulators, but that guidance must be reinforced by statutory
force.
Because whilst the 1920 act is enforced, responsible heritage railway managers will not wish to
break it. Even if the ORR wouldn't prosecute, what is the stopper local
authority or a parent from doing so? It is time to make things clear and simple by removing this outdated
restriction that is holding heritage railways back from encouraging the
next generation and preventing them from enjoying opportunities that so
many leading figures in the heritage railway movement had as youngsters.
railway movement had as youngsters.
railway movement had as youngsters.
19:19
The Earl of Clancarty (Crossbench)
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I put my name to this amendment in the spirit of support for our heritage, of which our heritage railways is a significant part. We
need to do everything that allows young people who wish to do so to work as volunteers in this area, I hope that the government will look
favourably on this amendment.
19:20
Baroness Butler-Sloss (Crossbench)
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I have played no part ever in the
spell. But I have come in specially for this amendment, although I did
in fact vote on an earlier one. But as the sister of a passionate
railway supporter my elder brother, he would have been horrified if he
had realised that any support he
could give would have been illegal. It's no use the Minister saying if I
may respectfully say so, the guidance shows that they won't prosecute.
The fact is the law
forbids it. Speaking as a former lawyer, if the law forbids it, no respectable organisation should
allow it to go forward. However much you have advice that it won't be
prosecuted, if in the future a 13-
year-old passionate supporter and a
different member of the organisations who look after this says, look we must prosecute, the fact that they have been told they
wouldn't prosecute wouldn't be the slightest defence in a court of law.
This is the important thing, it is as has been said anachronistic, and
it's time it was changed.
I do hope the Minister is not going to offer
the bromide that it doesn't matter because it won't happen, because the
law has to be obeyed and it can't have even government departments saying you can shut your eyes to a
piece of law.
19:21
Lord Berkeley (Labour)
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I support this amendment
wholeheartedly. I have attended many meetings of the heritage rail group
and I congratulate my noble friend in the way he has taken it forward,
one of the things that we haven't mentioned is quite regular reports
from members who run these small
railways about the fear of breaking
the law and the effect it could have if there are legal cases and they
run out of money. Because they are very short of money most of them, they rely on as much voluntary work
as they possibly can, but the
thought of being taken to court the regulator which is I think unlikely
as my noble friend says, it's something that really puts them off even welcoming younger people.
It is
a fear of legal action against a voluntary organisation which I think is the most serious part of this
debate we are having.
19:23
Lord Palmer of Childs Hill (Liberal Democrat)
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The incredible thing about this
amendment is it has signatories and support from the Conservative benches, the Labour benches, the
Liberal Democrat benches and crossbenchers. It is something which I think the government should take
into account it is not some weird idea from one part of this House, it
is a cross the House. -- Across. I applaud the initiative which started
with my old friend Lord Faulkner if
you will allow me to say that. The principle here is to try and stop
unintended consequences.
The fact that the law is as it is cannot be
ignored. We have an opportunity here to tweak the employment rights
legislation to put that right. We
are dealing with young people who are doing voluntary work on the railways, there was an incredible
program on television recently which I referred to in a previous speech.
Whether young people were seen to be doing all the jobs on the heritage railway accepts running the engine
which was dangerous and they were
not therefore allowed to do that.
They were the porters, the inspectors, whatever it is. We all
gave on it, the young people gave on it, the community gained from it -- gained from it. Over there is a
possibility that someone could be prosecuted because the law says what
it does. When talking about one
small heritage railway as Lord
Faulkner said there are many, quoted the railway, the North Yorkshire Moors Railway, the West Somerset
Railway, the Middleton Railway, many
others. There is a long long list.
This is a very under stated thing. People said to me, why was I signing
Lord Faulkner, Lord Parkinson's amendment because we are dealing with real matters of moment in the
employment rights legislation. This
is an opportunity to put right a
small error in history. I invite everybody if we go to a vote to support this.
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I rise briefly to support my noble friend Lord Parkinson of
19:25
Lord Hunt of Wirral (Conservative)
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noble friend Lord Parkinson of Whitley Bay's amendment supported as a has been by very effective
speeches from Lord Faulkner of Worcester The Earl of Clancarty, Baroness Butler-Sloss, Lord Berkeley
and Lord Palmer of Childs Hill. It's a sensible measure that recognises
the value of voluntary work on
heritage railways and was especially for young people. The current
framework statutory framework treats such activities as though it were
employment in heavy industrial
setting, when in reality it is community-based, educational and
often intergenerational.
These are voluntary efforts undertaken not-
for-profit but for preservation, learning and public enjoyment.
Keating to continue to classify this as though it were an unsafe or
exploitative is to misunderstand both the activity and its value.
This amendment corrects that without undermining the original protections
of that 1920. My noble friend
deserve support and I hope the government is about to respond positively.
19:27
Lord Katz (Labour)
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It was going so well then it hit
the buffers. I will try not to make that the last of the rail -related
jokes, the grains behind you you
will note. As we had a committee I thank my Lord first and relating debate and several speakers have
pointed out the debate on the subject that inspires support from across the House, fairly unique actually in this piece of legislation is good to see that
obviously because so many many are
of your Lordships house as so many people in the country do enjoy and
revel in our industrial heritage as seen through heritage railways.
I
thank the noble Lord for bringing the amendment back for further
discussion because as, I think it was the noble Lord himself at
Committee stage nearly outed me as a bit of a rail nerd, noble Lords will
know that heritage railways is an issue I'm familiar with and indeed fully support. It's an issue close
to many hearts in your Lordships house is great to see the interest
that we saw at debate, impassioned
debate it says here and I agree, repeated here at report stage.
In addition to Lord Palmerston of
Whitley Bay I'd like to thank Lord Faulkner of Worcester, Lord
Berkeley, Lord Palmer, Lord Clancarty and indeed Baroness
Butler-Sloss for making perhaps a
little diesel from her usual route
to call by our station here tonight. The UK heritage rail sector encompasses more than 170
operational railways running trains over 600 miles of track and
operating between some 460 stations. It creates jobs and greatly supports local economies and I pay tribute to
all those who run and maintain those railways, they not only preserve our
heritage, they contribute greatly to the local tourist economies.
I mention this because it is notwithstanding the issues identified by this amendment, the
heritage railways are incredibly,
incredibly successful. Grow -- go from strength to strength and I think I would say that is
notwithstanding the issue that the amendment raises about the concerns of the Heritage Railway Association.
of the Heritage Railway Association.
The benefits volunteers can be underestimated however it is particularly good as many speakers that I have said, good for young people. I support efforts to
encourage young people to take advantage of the volunteering opportunities heritage railways
offer.
With the emphasis on teamwork, communication and helping to bring science and engineering
topics to life. It is vital that only work is carried out safely and should be appropriate to the age and experience of the volunteer is also
important to recognise that additional measures such as the effective supervision need to be in place for young people particularly
those aged between 14 and 16. Health
and safety law requires heritage railway operators to protect young persons health and safety taking account of their age, lack of experience and levels of maturity of
course not all work is suitable for young people.
Dangerous or high-risk work activities should not be
carried out. Health and safety risk assessments help heritage railway operators to determine what work activities should be carried out on
how to make sure it's done safely. After all we want to preserve and revive heritage railways, not
Whilst the Health and Safety Executive and the office of rail and
world -- of rail and road... The 1920 act is to protect young people from working in dangerous or high-
risk settings. To accept the amendment which accepts only heritage as the setting will not
remove the employment restrictions
for young people.
There are other parts of legislation and bylaws that
depend on the 1920 act. The Children and Young Persons Act of 1933 prohibits employment of workers
under 14. The Scottish act 1937 and the Northern Ireland Act 1967 makes
the Northern Ireland Act 1967 makes
similar provisions. Each council has individual bylaws in relation to the employment of children over the edge
of 13. In most cases there is a common approach prohibiting a
variety of roles, such as working in a commercial kitchen, but there can
be differences.
An example is between two neighbouring councils in
between two neighbouring councils in
Liverpool where employment in an amusement arcade is prohibited in one where in the other counsel it is
not. I raise this to point out that there is a very complex landscape at play here and dealing simply with
1920 act will not necessarily be a
cure all. All of this to restore
cure all. All of this to restore
across government review. -- A cross government review.
A thorough cross
government review will be needed and any power will at least need to
allow the 1933 at to be amended with any bylaws made by local authorities
otherwise the other effects of the substantive provisions made in the
1933 act would continue. There is some misunderstanding that the 1920
act makes it wholly unlawful for young people to volunteer on
heritage. Whilst it prevents young people from undertaking high risk work it doesn't preclude them from all the volunteering roles on the
heritage.
To be clear the 1920 act
doesn't prevent young people from volunteering if they are carrying out appropriate activities. As Lord
Parkinson said the Office of Rail and Road already works with the heritage railroad Association to
make sure health and safety risks
are in place. This amendment comes from a place of good stewardship and
good intention. There are already
many heritage that are excellent examples of running youth schemes
successfully. Last year a railway in
North Wales one team of the year for its work with families and young volunteers.
The volunteers are known
as track ciders and work in supervised groups and projects such
as painting, fencing, maintaining footpath. The volunteers aren't
involved in the operating trains and
have regular health and safety briefings. There is also a scheme for young people for when they can
carry out more complicated tasks.
Another good example is a group in
Swanage. The existence of the 1920 act has not in the past and I hazard to say when in the future prevent
some schemes from being run in the
heritage rail sector.
I know my noble friend has championed this for
a number of years to repeal the 1920
. The bill receives support from the
House and although it did not progress further there was commitment to support the heritage Association in refreshing the guidance. Despite that offer being made, the offer has not been taken
made, the offer has not been taken
up. There is strong dialogue between the heritage Association and the regulators I would like to say clearly the Office of Rail and Road
and the Health and Safety Executive
are willing to support the heritage Association and help operators understand the assessment process
and what activities are suitable for young people.
It is the best way to
resolve the matter. Our position remains in support of volunteering
on the heritage rail, but respectfully has the view that this
amendment is not necessary. So I ask the noble Lord to withdraw amendment 126.
19:36
Lord Parkinson of Whitley Bay (Conservative)
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I am grateful to all noble Lord who spoke in this short, but
important debate, particularly to the noble Baroness Lady Butler-Sloss who spoke with clarity about the legal problem we are trying to fix. No responsible director or trustee
wants to be put in the position of breaking the law, even if regulators or ministers say they will look the
other way. The noble Lord the Minister shares the passion of all
the other noble Lords who spoke for the heritage sector. We saw that in
our helpful meeting and in the first
part of his speech today.
He suggested in his closing remarks that it is for organisations like the heritage Association to do the
work here, to provide the guidance, to take the risk and to tell their
members what to do, but the strategy
problem, I stress the heritage railway Association has a good
working relationship with the regulators, but leaving this untidy
situation and the statute book
leaves them open to risk of civil action, prosecution by other local authorities and leaves them in the position of having to break the law
or appear to do so.
The noble Lord
rightly mentions other pieces of legislation which it may be important to look at and says we need a thorough cross government
review. This problem has been looked at for a decade by the noble Lord
Lord Faulkner, by the heritage railway Association and tried to get
that thorough cross government review under successive governments.
I suggest we put the modest amendment in the bill this evening
and seek to expedite that work. I know with his great interest and
passion in this area noble Lord the Minister can help us reach a happy solution, but I think it is
**** Possible New Speaker ****
important that we get started and I would like to test the opinion of the House on this matter. The question is that amendment 126B agreed to. As many as are of
126B agreed to. As many as are of that opinion, say, "Content". Of the contrary, "Not content". The
19:39
Division
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contrary, "Not content". The question will be decided by a division of the House. I will advise the House when voting is open.
the House when voting is open.
The The question The question is The question is that The question is that amendment The question is that amendment 126B
agreed to. As many of that opinion
say content. Of the contrary, "Not content". The contents will go to the right by the throne. Do not
the right by the throne. Do not
contents to the left by the bar.
-- The not contents to the left by the
**** Possible New Speaker ****
Amendment Amendment 126. Amendment 126. Questionnaires
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Amendment 126. Questionnaires that amendment 126 is agree to. --
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The The have The have voted
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The have voted Contents, The have voted Contents, 216.
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The have voted Contents, 216. Not-contents, 143. The "Contents"
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I I think I think this I think this would I think this would be
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I think this would be a I think this would be a good I think this would be a good -- convenient point to move to consider
the statement. We will therefore not return to the bill before 40 minutes which is 20 return to the bill
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before 40 minutes which is 2028. The question is that further
**** Possible New Speaker ****
The question is that further consideration on report is now adjourned. As many are of that opinion say, "Content", and of the contrary, "Not content". The
19:50
Statement: State of climate and nature (around 7.30pm)
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"Contents" have it. The bill will be resumed 828. Questions on a statement made in the House of Commons on Monday, 14 July on the
19:50
Lord Offord of Garvel (Conservative)
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respond to a statement by the Secretary of State in the other place a week ago. The state of climate and is one of the most
important areas of policy we can
discuss in both houses. True to form the Secretary of State took advantage of a reasoned and evidence
led Met Office report noting -- to Ideological pet project clean power 2030 and to denounce any critic of his as antiscience, anti-jobs, anti-energy security and anti future generation. Which is a great shame.
I've said many times in this House
before I'm not a climate change denier, I've been to the Arctic and I've seen firsthand the effects of global warming on the icecaps. To disagree with the Secretary of State
is not climate denial. Especially when we see there is unilateral acceleration to decarbonise the grid
by 2030 is ideological driven and already putting the UK on a rocky road to economic ruin. The Secretary of State referred to the need for
radical truth telling. Perhaps it's time he listened to his own advice.
The Leader of the Opposition Kemi Badenoch was right to say that net
zero 2050 on its current trajectory is impossible to achieve without serious cost implications to British
taxpayers and industry. Even prominently with figures like Tony
Blair have argued in recent months that the Miliband plan is riven with irrationality and the GMB union
chief Gary Smith has warned about
the decimation of working class communities if we continue to shutdown North Sea oil and gas. At the heart of the statement is a
fundamental misunderstanding.
Of the
new global order. Much as the Secretary of State may wish to turn
back the clock we are no longer in 2008 when he introduced the first Climate Change Act or indeed in 2021 which represented peak global
enthusiasm for net zero. The world has changed. In debris this year
just this year, a few months ago, only 10 of 196 countries party to the Paris climate agreement submitted updated climate targets to the UN deadline. Of those, only
the UN deadline. Of those, only
three including the UK of the G 20 countries submitted an updated target.
Only one country reaffirmed
the 2050 target with a pathway, the UK, representing one% of global
emissions. Even the former high priest of net zero have accepted the world has changed. Doctor Tapie --
Doctor fatty Birrell of the International Energy Agency has now
said that oil and gas will pay the -- play a key role in global energy policy for decades to come. Very
different to 2021 position of no new hydrocarbons. The Secretary of State talked of the need for the U.K.'s global leadership, today the UK is
one of the highest energy prices in
the world.
Which limits our growth and employment, this is self-
The country may have been the birthplace of the Industrial Revolution, indeed the birthplace of AI and today we are still leading
the world in high-tech engineering and advanced avionics and propulsion systems. But comparable major economies are not looking at the U.K.'s energy policy as an example
of global leadership, they view us as a canary in a net zero coalmine. The point is this, we run ahead of
the pack and fail, the pack will not
follow.
That's examine the real implications for climate and because of the accelerated drive to clean power 2030. Secretary of State wants
to cover our green and pleasant land in solar panels and pylons. He they
are dangerous to species yet he wants to fill our skies as blades
and turbines. You want to compensate for that deficiencies of wind and solar technologies with battery energy storage. But neglect to consider the dramatic impact the mining of the critical inner rules
need to support his plans. Secretary of State does not accept
intermittency nor allow for time for new technologies to emerge.
The
evidence is clear. Solar farms will generate power some% of the time for
the what do we do the remaining 89%? Windfarms generate power for 26% of
the time, what do we do for the
remaining 76%? Offshore wind generated power for 41% of the time? What you will do for the rent
remaining 59%? The government proposes batteries as the solution to dependency, but battery anodes
are made from Pechenin -- petroleum coke and coal tar pitch and cathodes
are made from the mining of nickel and manganese iron cobalt and phosphate.
Ironically the solution
is from the very materials that are vilified and prohibited from mining extraction in the UK. As has the
extraction in the UK. As has the
Minister turned a blind I to open pit mining disrupts habitats and
landscapes and how the extraction impacts was and pollution. I put these facts squarely to the noble
Lord the Minister, the government's
plans for clear clean power 2030 simply offshore power admissions and our jobs. Two other countries. Is
this really what the government meant by a just transition? In conclusion, I submit that ideology
at either end of the spectrum here is deeply unhelpful.
Clean power
2030 at one end or drill baby drill at the other end, the harsh reality is that energy is a highly complex
is that energy is a highly complex
area which needs a pragmatic rather than ideological solution. The statement in the other place of the Secretary of State was an example of
grandstanding without substance. This is what I hear time and again from policy professionals, academics and leaders in the industry. There
is no silver bullet. There is no one
simple solution.
Surely can coalesce around magnetic energy policy which
is sane number one, secure my number
to affordable, and only thereafter
net zero emissions. net zero emissions.
19:57
Earl Russell (Liberal Democrat)
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On these benches we welcomed the statement. Issued in response to the Met office has stated UK climate report our most authoritative assessment of the U.K.'s changing
weather patterns. We also very much welcome the intention to make this
an annual update. We see this statement as a message of hope that together we can start to reverse the
impacts of climate change. Our climate has changed in my very own
lifetime. Science is absolute and our scientists from of the best in the world.
We are absolutely certain
that man-made climate change as we are certain that the earth is not
are certain that the earth is not
flat. The Met has reported, the Met Office report focuses on 2024 when the UK experienced its second warmest February, warmest May,
warmest spring since records began in 1884. The last three years have
all been in the U.K.'s top five warmest on record. My pendant the
Met Office says every year that goes
by is another upward step on the warming trajectory our climate is on.
Observations show that our climate in the UK is now notably
different to that it was just a few
decades ago. The Met Office calculates that the UK is warming at a rate of 0.25 Celsius per decade.
With a 2050 to 20 -- 2015 to 2020.
Showing 1.24 degrees Celsius warmer
than 1961 to 1990. The UK is also getting wetter, the rainfall is increasing significantly during the winter between October and March
winter between October and March
rainfall 2015 2024 was 16% higher than that between 1961 and 1990.
The
new normal is even more extreme. These indisputable ground truths are
an urgent and unmistakable call to
action. Nature bears witness and suffers these unparalleled and exhilarating changes. We are already
one of the most nature but deprived
nations on earth. One third of our natural species have been lost from the UK biodiversity in my lifetime.
Nature is also struggling to adapt
just as we are. To those politicians who have given up on efforts to tackle climate change and remain happy to take funds from the fossil
fuels companies, I say you offer no solutions and you offer no hope to our children.
Like the tobacco lobby
of the 1970s, one more puff of
cigarette smoke in your lungs won't hurt, what's a few more tonnes of CO2 in our atmospheric lungs either?
The Kate Green economy grow by 10% last year the green future is our
only future and it is a good future. Global Green growth is our future,
climate solutions our future energy's our future economic
prosperity. Those who say we cannot afford the costs of preventing climate change never calculate the
devastating consequences of not
devastating consequences of not
From the Neff foundation showed the reversal of climate policies would cost the UK economy up to £92 billion, almost 3% of the entire GDP, and lose 60,000 jobs before the
end of the decade.
British leadership is global leadership, where we work together at home we
lead the global conversation. We are lucky, we have the knowledge, we
have the technology and we have the
time to enact change. We joined calls for return to this powerful cross-party consensus on climate change. We will always seek
It feels as if Labour has found your voice and improve communications and
better communication is required.
Please also tackle the growing problem of misinformation and disinformation. The government's own message needs to be more coherent and consistent.
Less talk of nature
protection as a blocker and more honesty on the complexities and
challenges we face. The nature and climate challenges are interlinked and interdependent. Nature is not only nice to have, but it is
essential to all life. Labour's messaging on nature has been
modelled, but I do want to thank the noble Baroness to Minister for the amendments that have been brought forward to the Planning and Infrastructure Bill. They are
welcome. It's vital you build new clean energy infrastructure, but
equally we must support nature.
This government must champion the benefits of joined up actions on
nature and climate policies. Labour's remission is overly
centralised. It is been done to us and not always with us. If Labour
fails to work with us and local communities public support will
erode. Labour must listen to and take our communities with them. The government must stop trying to do it
all alone and empower communities to help with the task. My party have
suggested how new energy market reforms could be brought in to bring about reductions in our energy
bills.
These matters are urgent, so I do as the Minister when will this government be able to bring forward its own plans to reduce our energy
bills? My Lords, we must mitigate and adapt, both are needed. Not a
create change and enable hope.
20:03
Baroness Hayman of Ullock, The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Labour)
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My Lords, first of all can I thank noble Lord for their interest
in the statement. First of all just looking at some of the comments made
by the noble Lord Lord offered, who seems to have a bit of a glass half
empty at the moment. I would like to encourage him to work with
government to become a little more positive in his outlook. He asked about the cost of net zero. We believe that greater net zero go
hand-in-hand.
Net zero is the
economic opportunity of the 21st- century and can support the creation of hundreds of thousands of good
jobs across the UK and protect our economy from relying on fossil fuels
alone. We believe it's the way forward to getting UK better energy
security and also delivering social and health benefits. Last week the
OBR showed in their latest report on the risk of government finances that
the risk of cutting emissions to net zero is smaller than the economic
damages of failing to act, as the noble Lord Lord Russell just said
himself.
Both noble Lords asked about bills. We are determined to
cut them and appreciate they have been high in recent years. The basis of our energy superpower in mission
is to look at how we can do that. If we just carry on as we are, we are
exposed to expensive insecure fossil fuels, as we saw when Russia invaded Ukraine and prices then went
absolutely through the roof. We are driving forward with nuclear and
renewable power because that is the way we get to cut bills in the long
term.
We are also looking at how we cut the cost of electricity as part
of that. So for example, if you apply for a heat pump it makes financial sense, so we have to look at the all along those lines.
Renewable infrastructure and the
impact on nature was also mentioned. We believe nature and preserving our
ecosystems are essential. As we
unblock barriers to the deployment of these clean power projects, we
are committed to ensuring that where ever possible nature is incorporated in development stages and that innovative techniques can be used to
encourage nature.
The noble Lord mentioned the amendments we are making to the Planning and Infrastructure Bill for example
because we want to get that balance
right. There was also discussion from Lord offered about jobs. We are
looking hard to ring in a just transition that is built on the
principle of fairness. We need
energy security to protect prices as I said, but also for workers. Decarbonisation has to be seen as a
route to re-industrialisation. So working towards net zero and adapting to climate change is
essential if we are to prevent widening inequalities and actually
reduce inequalities as they stand now.
If we do not act the impacts of
climate change more severely impact the most vulnerable group so we have
to move forward on this. The oil and gas sector was mentioned. We know that oil and gas production in the North Sea is still going to continue
for decades to come and we want to
manage that, its reduction, in a way that secures a just transition and offshore workers can continue to work in the industries of the
work in the industries of the
future.
We are publishing a response later this year and we will look at
how we can transition current gas and all workers into new energy.
Over 90% of the UK's oil and gas worker skills have a higher transferability to offshore
renewables. Last time we had :Still collapsed and communities were left
behind -- last time when we had Cole and Steele collapse, communities were left behind. So we are working with local communities and running
skill -based schemes. The question
was asked why should we bother when other countries are not pulling their weight.
That is not exactly
true. Over the last decade there has been a transformation and at least
three quarters of global GDP is now covered by country level net zero targets. This rises to 80% when taking account commitments made by some national governments. India is
often mentioned. It has a target of 500 gigawatts non-capacity fossil
fuel by 2030. China is also
committing to peaking in CAT --
peaking its CO2 emissions. there has been an overlap between our
territorial ambitions and carbon
emissions.
Our carbon footprint will be reduced in the process of
reducing our territorial emissions. The latest figures do not show we are offshoring emissions to other
countries. As the CCC states in its 2025 report the reduction in territorial emissions since 1990 outweighs the increase in emissions
from imports in that period. Emissions reductions in the UK have
largely occurred without having to
offshore emissions. I would like to thank Earl Russell for his support for the statement, but also for his
clear recognition of the huge challenges we face in tackling climate change, so I completely
agree with him on the complexities he referred to.
We absolutely need that balance between nature and
that balance between nature and
Russell spoke about global impacts. I want to assure him we are committed to working internationally
to multilateral action. It is pretty clear, we are not going to address climate change nature crises on our
own. The UK instead fast in its --
the UK instead fast to its commitment. We have milestones
coming up such as the Convention on climate change and biological
diversity. We will be reaffirming our commitment to working with partners around the world to scale
up integrated's solutions that deliver for climate and nature.
That will include demonstrating how our
plans at home working to make people in the UK safer, healthier and more prosperous.
20:11
Baroness Blackstone (Labour)
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Can the Minister confirmed that contrary to the dire predictions made by the noble Lord who speaks
for the opposition, the OBR's analysis of the costs of reaching
net zero suggest that contrary to earlier estimates they will be much lower because of the decline in the costs of clean technologies. costs of clean technologies.
20:11
Baroness Hayman of Ullock, The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Labour)
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I can be very brief in my response. I can absolutely confirm
that an agreed with the noble Lady and thank her for bringing it up.
The cost of not acting is huge. We have to do it and we have to work with others right around the globe
in order to achieve that and our whole energy mission, our clean
energy, moving into cleaner and greener jobs for this country will be an essential part of that work.
**** Possible New Speaker ****
May I congratulate the government on this report and remind the frontbench spokesman that every
frontbench spokesman that every previous Prime Minister, the Conservative Prime Minister, including Mrs Thatcher, would have
including Mrs Thatcher, would have understood that what the government has said is right. The cheapest way
has said is right. The cheapest way to proceed is to go green. That is where the jobs will come from. If we
20:12
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where the jobs will come from. If we hang behind, saying after you, Claude, then the fact of the matter is that we will suffer, our industry will suffer, our businesses will
suffer. I have to say it would be helpful if the opposition would
actually consult the Climate Change Committee, or those who have actually spent their lives working on climate change instead of making statements which do not have a
scientific basis. The science says quite clearly that what the
government is doing is right.
I disagree with the government on almost everything else it is doing. It is absolute dreadful on most things. This it is right and should be congratulated.
**** Possible New Speaker ****
I would very much like to thank
20:13
Baroness Hayman of Ullock, The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Labour)
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the noble minister, sorry the previous minister noble Lord for his very kind comments. I do think when he is talking about science it is
worth pointing out that the Met office actually published alongside the statement the state of climate
2024. Clearly showed that the UK's climate is getting hotter, it is
getting wetter, it has more extreme weather events. We also publish several reports around protected landscape targets, how we can unlock
landscape targets, how we can unlock
benefits for people.
There is a lot of work going on the moment and it needs to come together if we are to successfully tackle the impacts of climate change so that we don't
suffer more devastation in the future than at the moment it looks like we be doing so.
20:13
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I welcome the statement from the government, particularly the
commitment to deliver it annually. But we need to see more engagement with the public and the Climate Change Committee in its report on
the carbon budget stated we need more campaign so individuals can
understand the benefits of climate action and that climate action is available to them. Can the Minister
update the House and what the government's private engagement strategy is when it comes to the
strategy is when it comes to the public? Speaker McCarthy the noble Lord ask an excellent question.
Can
Lord ask an excellent question. Can I also thank him for all his work he
I also thank him for all his work he has done in this sphere. It's important that we have had cross- party work on this over a number of
party work on this over a number of years. Part of the reason for laying the statement in the first place is because the government believes we have a duty to inform the British people about the scale of the
people about the scale of the
people about the scale of the climate crisis and the actions government is taking in response.
That is that the start of a broader
public discussion around this because if we are going to be moving into a very different way of working in our energy area for example,
in our energy area for example, moving away from fossil fuels, we will expect people to make decisions
will expect people to make decisions
will expect people to make decisions about their heating, what cars they drive, the cost of heating being discussed, is important we bring the public with us. It's extremely important we do that.
important we do that.
20:15
Lord Teverson (Liberal Democrat)
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I have not heard many from bench
statements that have been so sad, so inaccurate and so negative as the
one we have heard this evening. I find it incredible and I hear no
solutions whatsoever. It seems to be a symptom of a party that has completely lost its way, feels under
threat from another party further to
the right, which voters believe me will vote for rather than this one if this is their issue. I make that
warning.
It suits us as Liberal Democrats. If you want to lose another 50 seats from middle
England, go ahead with it, we will accept them. What I want to move to is nature and I welcome also this
report and this fact it is going to
be annual. I want to ask a question about 30 by 30. One of the things that is important is that we are not negative about this situation. We
have to be optimistic, but realistic
that we can meet our targets.
But the paper issued by DEFRA in October
last year defined the types of land that can be included in 30 by 13. At
the moment only 7% of that land can be. I am going to ask the question, thank you very much. I am asking the
Minister can we in some way find a
way to define 30 by 30 land that includes elms, for instance, that
makes that target possible. At the moment I feel it's impossible. Thank
moment I feel it's impossible.
Thank
20:17
Baroness Hayman of Ullock, The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Labour)
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In order to meet the target which we wanted to meet and believe we can meet, we have to be very sure of the
best way to achieve that. Clearly the land identified is going to be critical for that and that's whether
it's on land or on C actually which is why a number of the announcements
we've been making recently will help us work towards that, for example the land use framework will be part
of that. The fact we will be banning bottom trawling in the river protections will also help very much
towards that in the blue areas.
One of the things we are working through
the moment is identifying the land that is going to really make a difference because in the past land
that's been included is not
that's been included is not
To be taken into account. Because we have taken that out, that actually sets the target back because we done that but that's an honest approach if we are being honest like that we
then need to be very careful about how we are going to achieve it and what we are identifying all I can say to the noble Lord is it's really
important points, something we are looking at hard with DEFRA to work on.
ELMS and the next batch of SFI
something again we are looking at, what should we be including in that to make the biggest difference?
20:18
Lord Hunt of Kings Heath (Labour)
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Can I refer back to the point raised by Earl Russell when he referred to growth in the green economy. Which references back to
CBI report publishing debris this year. Which showed the green economy
year. Which showed the green economy
was growing by about 10%. Would she
express, share my surprise at the antagonism of the noble Lord towards these policies given that not only
is the green economy have a remarkable record of success over
the last three years but in Scotland itself contributes 9.1 billion to
the Scottish economy, supports 107,000 jobs and what the CBI report
shows is that much of this huge investment in the green economy is
happening not just in London and the south-east but actually in places like the West Midlands and Scotland
as well.
20:19
Baroness Hayman of Ullock, The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Labour)
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Noble friend is absolutely right,
it's why Great British Energy is in Aberdeen for example, it's looking
areas that need finance. I know in other areas in the Midlands and in
the north-west that have suffered in the past for lack of investment are now going to have huge opportunities through green finance and
infrastructure being built. He is
right, it was a little disappointing
the opposition's response was that I remember at one time when the Conservatives were talking about
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being the greenest government ever. I'm sure the noble Lady the
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I'm sure the noble Lady the Minister will agree that talking about climate change doesn't really do very much about mitigating the problems we are all facing. What we need to see happen is what my
20:20
Lord Inglewood (Crossbench)
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need to see happen is what my children call staff. Because that
entails both regular to frameworks
and finance available. Earl Russell commented favourably and rightly in
my view about the recent changes proposed to Planning and Infrastructure Bill. Can we take it from the Minister that this is a precedent that will stand when
similar problems are faced in trying to bring about the mitigation of the
climate problems we are looking for and that this is the attitude that the government will adopt towards
these problems?
20:21
Baroness Hayman of Ullock, The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Labour)
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The government is absolutely
serious about tackling climate
change, I really hope that has come across both in the statement and the answers to questions I've been giving. We also absolutely determined to ensure that nature and
development can work together, that one doesn't have to be at the expense of the other which is the challenge we have in the Planning
and Infrastructure Bill and why following the discussions in the
other place we have brought forward amendments to try and acknowledge some of the concerns that have been
raised also by the OEP and certain NGOs.
The important thing for me is
NGOs. The important thing for me is
that whatever proposals are putting forward, bills we are putting forward the future, we have to look
at the impact on climate change as we go forward, we have to look at the impact on by the nature, that's what the government is working to do.
20:22
Lord Grayling (Conservative)
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I don't doubt the Minister's personal commitment by diverse in particular, but given the fact that
there are still serious misgivings about the elements of section 3 of
the planning infrastructure bill, notwithstanding the amendments last week, given the fact there are still serious? Over the future by diverse
net gain, how can we be confident that this government is actually
going to pursue properly and in a committed way that 2030 target? It's something that is there in law and
it's fundamentally important.
it's fundamentally important.
20:22
Baroness Young of Old Scone (Labour)
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All I can say is we are absolutely determined to do so and I look forward to debating with him during part three of the bill.
but the office Budget responsibility's recent fiscal risks
report said that climate change
impacts could cut GDP in the UK by eight% by the early 2070s. The
government inherited a pretty naff
if I can plan national adaptation program from, formerly known as NAP three, but enough nap three was
pretty inadequate, hadn't been implemented correctly -- effectively and with other resilience work going across both government departments
and local authorities.
I would have
thought by the way the noble Lord Lord Offord was speaking that since
he was not confident that we would reach climate change carbon reduction targets in time he might
have been upping the anti on the adaptation program since obviously we are going to have more floods, more heatwaves, more reductions in biodiversity and more general gloom,
but I would ask the Minister simply in the face of the fact that the national adaptation program is
currently not adequate, will the
government radically get a grip on
the real challenge of adapting to the impacts of climate change in this country and protects the government's growth strategies through that action?
through that action?
20:24
Baroness Hayman of Ullock, The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Labour)
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I'm very pleased that my noble friend has asked about adaptation because in my opinion it doesn't get talked about enough and it is going
to be absolutely critical and in really important to look at how we develop infrastructure, how we
develop housing, it's all going to have to take adaptation into account over the coming years. She mentioned
1/3 that national adaptation project, alongside the delivery of
that we do know that we have to further drive action, we do know
that we have to develop robust delivery plans ahead of the fourth national adaptation program which
will come in 2028.
We believe we
should have strong objectives because they are going to be crucial if we are going to have an ambitious and impactful fourth national
adaptation program, and absolutely committed to increasing and
improving the resilience of our communities as we accelerate our progress towards net-zero. I think
she is absolutely right, it is completely critical, vital that
adaptation is undertaken now to
And the lease cost to people.
20:25
Baroness Bennett of Manor Castle (Green Party)
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The statement refers to legal
duty on the government to halt species decline by 2030 except that is not happening. To take the example of birds including the starlings and great partridges the state refers to, overall bird
species have declined in the UK by two% and in England by seven% in the
five years since 2018. One of the significant tributary factors is factory farming, globally farmed
chickens account for 57% of bird species by mass, wild birds only
29%.
The arable land growing their feed is generally terrible for wild
species plus the waste causes widespread air and water pollution
full stop we have just seen turned down the absolutely awful quango plc proposal in East Anglia for an
existing site to rear 870,000 chickens and 14,000 pigs at one time, an application which was
refused and 42,000 people signed a petition against it. What is the government going to do to protect nature and human health and well-
being against further expansion of the disastrous practice of factory farming rather than forcing local councils to bear the weight of
dealing with these applications and the legal risk of turning them down? I should perhaps declare and the Vice President of the Local Government Association.
Government Association. Government Association.
20:27
Baroness Hayman of Ullock, The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Labour)
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On farming we have a lot of work that we do in Defra I'm sure she is
aware through the pathway for farming. A pathway to better animal welfare conditions for farmed
animals clearly the important thing is the animal welfare and the conditions and the fact that a farm
is doing the best it can in the best conditions it can. I do think that
the implications for huge farms regarding emissions is something
that we need to address and that we are looking at extremely closely.
I also think that she will hopefully
be interested in the animal welfare
strategy when we publish it later this autumn because it will have a
whole section on how we are going to improve farmed animal welfare which will of course then have a knock-on effect on exactly the kind of situations she is talking about.
20:27
Lord Elliott of Ballinamallard (Ulster Unionist Party)
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I'm surprised that some members holding Scotland up Sebastien here
of good practice, I understand we have actually had to reduce or
review at least the climate targets in some aspects, we bit surprised. My main question is around China.
The current imports from the UK from China to the UK is almost 70 billion
last year. But still I'm not
impressed to hear that China is going to peak its fossil fuels production by 2030. So we are going
to continue or are we going to continue to buy those products from China? Or is there any process or
any mechanism to force or at least
attempt to force China to come into
line because if they are allowed to peak by 2030 goodness knows where that level is going to be by that stage?
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The question about China is
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The question about China is important because if we are globally going to actually tackle climate change and meet net-zero we have to look at those countries that have
look at those countries that have We know until very recently China was very dependent on fossil fuels, but we also know that China has been making moves away from that, they've
making moves away from that, they've been investing a lot in nuclear for example. So I think it's really important that we have to get this into perspective because if you are a huge country cannot change
a huge country cannot change overnight.
What we can do though in
this country is provide global leadership, in working with countries to move to the change that they need to move to. I welcome the
they need to move to. I welcome the fact that China is looking to invest in nonfossil fuels, that it is looking to move forward and it has
looking to move forward and it has actually set targets. I think that's very important because a few years ago that wasn't the case. We need to have them within the global bubble if we are going to continue to make
20:30
Baroness Alexander of Cleveden (Labour)
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progress. The debate we have had this evening and this statement
evening and this statement illustrates the value of maintaining the cross-party consensus that we have had on this subject to date and indeed I was going to ask my
honourable friend the Minister about
the question which the opposition have asked which is about maintaining public engagement in this debate. And I invite her to go one step further and ensure that in
that public engagement towards a just transition we make clear what
the science says about the implications and the costs of us
failing to act in the way we have heard from the Frontbench today.
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She makes an extremely good point as I said earlier, if we are going
20:30
Baroness Hayman of Ullock, The Parliamentary Under-Secretary of State for Environment, Food and Rural Affairs (Labour)
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as I said earlier, if we are going to move forward, the most efficient
effective way we can we have to take the public with us because they are going to have to make big changes
and they are going to have to choose in many circumstances to make those changes. I think the more information people have, the more
the government can support the changes that need to be made, but to do it in a way that demonstrates the
real science behind it, there is too much science around climate change
that is not proven.
It's really important that we have that proper scientific evidence and advice when
scientific evidence and advice when
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It may assist the House to allow
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It may assist the House to allow those lords who wish to do so to leave the House before I call the
My My Lords, My Lords, further My Lords, further consideration My Lords, further consideration on
20:32
Baroness Jones of Whitchurch, Parliamentary Under Secretary of State (Department for Business and Trade) (Labour)
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My Lords, further consideration on report of the Employment Rights Bill. Baroness Jones of Whitchurch.
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I beg to move that this bill be now further considered on report.
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now further considered on report. Question is that this bill be
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Question is that this bill be further considered on report. Of the contrary, "Not content". As many as are of that opinion, say, "Content".
20:32
Baroness Bennett of Manor Castle (Green Party)
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are of that opinion, say, "Content". The contents have it. Amendment 127, Lord Hill, not moved. We now come to
the next amendment, Baroness Bennett of Manor Castle.
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This is a mother attempt to deal with the pressing issue of pay
with the pressing issue of pay inequality in our society than the
amendment I tabled that committee regarding payment ratio. I hope this
regarding payment ratio. I hope this will have a less inflationary impact on the blood pressure of Lord Hunt
on the blood pressure of Lord Hunt . This amendment simply six to put
. This amendment simply six to put on the face of the bill a review of the impact of pay inequality in large enterprises as defined by the
companies act 2006.
Those with a
turnover of over 20 million and modern 250 employees. I hope the
modern 250 employees. I hope the government will take this approach. It's not my intention to put it to a vote but I want to be helpful to
vote but I want to be helpful to offer the government some
constructive ways forward. The noble Lord cat made the argument for me at
Lord cat made the argument for me at committee when he said it is right that company should be sensitive to wider workforce pay when setting pay for those in the boardroom and
others in senior leadership positions.
Suggesting that companies
be sensitive will not do it. It seems to be the government position. I note that the water Minister Emma
Hardy on LBC this morning urged water company bosses to read the
room and refuse huge wage hikes. I think the room has been sending a
clear message about water company bosses pay for a long time and the voluntary approach has not been
working. What we are talking about is the right for lower paid workers
not to be disrespected, insulted by the soaring pay in the boardroom while they struggle to meet their
basic needs, pay their bills and put food on the table.
This is action
that clearly needs to be taken, not just ways of gentle encouragement.
If we look at major security and catering company that has a 575-1
ratio between the top paid employee and the median employee with the
lowest paid workers topping the hall
lowest paid workers topping the hall
of shame of FTSE companies. I note drinks reception sponsored by this company was cancelled after a
backlash. Unison had planned to picket the event. You have to question why it was ever planned in
the first place, but a review as the
amendment proposes could be a start to the Labour government generating
policy.
I would recommend it to
ministers as a cream she as the current government was elected with so few policies of their own in
place. One reason why the pay ratio
between workers and CEOs is so wide is that CEOs receive large share- based payments in addition to their regular salaries whilst workers do
not. In France for example or companies are required to share an
element of profits exceeding a set
amount, calculated using factors including net equity, wages and added value with their workforce,
which has reduced inequality.
Another timely proposal from the
centre that a review might throw up
centre that a review might throw up
is a cap on water companies or social care providers. The claim
that the noble Lord made in committee that high paint means that companies can compete for the best
business talent in the UK and globally certainly does not stack up in the water sector looking at its
outcomes. Fatcat pay has only
delivered underinvestment, pollution and ill-health for those unfortunate enough to have to rely on the services of these privatised companies.
Finally I will note that
responding to the call from the UK capital markets task. From the city
of London and be business for even high Executive pay. A letter from 20
leading academics specialising in Executive pay and economic
inequality made a number of points.
Is a questionable link between higher Executive pay and better business performance. Any claim there is a shortage of capable candidates for Executive role should
provoke scrutiny of the company's leadership, training and development
processes.
And the opportunity costs of hightop pay has impact in terms
of the pay of lower and middle income workers and investment in the
business. It's interesting that polling by the hypo sector suggest that the overwhelming majority of the public think that CEOs should
not be paid more than 20 times their typical employee. If the government once to consider the politics of this, I point to the conclusions in
this, I point to the conclusions in
a report from native professors which articulated many of the ways in which inequality strengthens far
right politics.
Executive pay is only part of that story, but it is a very visible part and this amendment offers the government away forward
to start to tackle that political problem as well as the economic and social issues. I beg to move.
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Amendment proposed. After clause 54 insert the new clause as printed
54 insert the new clause as printed
20:38
Lord Leong (Labour)
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on the Marshalled List.
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Interesting. I thank the noble
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Interesting. I thank the noble Baroness for tabling an amendment 127A. Whilst it raises the important
issue of pay inequality, it effectively duplicates the review process we are already undertaking.
process we are already undertaking. It's undeniable that average salaries have stagnated. They have barely increase from where they were
barely increase from where they were 15 years ago. Wages continue to grow
15 years ago. Wages continue to grow at the rate seen prior -- had wages continue to grow at the rate prior
continue to grow at the rate prior to 2008, workers would be 40% better
off.
The UK's income inequality remains above both the OECD and G7
remains above both the OECD and G7 averages. In the financial year 2022-23 the richest 20% of the
2022-23 the richest 20% of the population received 44% of the UK's gross income whilst the poorest 20%
gross income whilst the poorest 20%
gross income whilst the poorest 20% received just 7%. The OECD has noted that higher inequality can lead to underinvestment in human capital and
slower adoption of new technologies. The estimated rising inequality
between 1990 and 2010 resulted in
the UK up nearly 9 percentage point.
Than it might have otherwise been.
In one of the world's wealthiest nations workers are still turning to food banks, many cannot afford rent,
let alone a mortgage. Morale is at rock bottom and motivation is
vanishing. The noble Baronesses
It's not sustainable and it's not fair. The UK exhibits greater regional disparities in productivity, pay, educational
attainment and health and many -- than many other developed nations.
This bill will help to reduce this
disparity, not only in terms of income, but also in the quality of work experience.
Supporting this
analysis published by the World Bank
found that employment protections can play a significant role in
reducing income inequality. As I have previously outlined we already have robust monitoring and
evaluation mechanisms in place. But reinforcing the framework that
supports our workforce makes work
secure for unpredictable -- and
predictable. I respectfully ask the noble Baroness to withdraw her amendment. amendment.
20:41
Baroness Bennett of Manor Castle (Green Party)
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I thank noble Lord the Minister for his answer, although I have to express disappointment that none of
the other front benches want to engage with the issue of high pay in
this debate. I think the noble Lord the Minister very much should cover
the issues around low pay and talked about robust monitoring and
evaluation of high pay, but did not
speak about any action on high pay. He didn't even speak about any plans for action on high pay.
We have a
real problem with the inequality
that has seen those Executive salaries rise and rise and rise and
as I said in my introductory remarks there is an opportunity costs where those resources are going to that,
as well as just the sense in society
that there is a deep unfairness in the government is not doing anything about it. I remain disappointed.
This is certainly an issue that I am the Green Party will continue to work on, but in the meantime I leave
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to withdraw the amendment. Is at your Lordships pleasure that the amendment be withdrawn?
20:43
Lord Hunt of Wirral (Conservative)
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Amendment by Lee be withdrawn.
Amendment 128, Lord Sharpe of Epsom.
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I rise to speak to the amendment standing in my name and the name of
standing in my name and the name of my noble friend Lord Sharpe of Epsom. What we are talking about
Epsom. What we are talking about here is the extent to which the
here is the extent to which the government's sweeping changes to trade union access rights, including the unprecedented extension of
the unprecedented extension of digital access should apply to small businesses. These changes were
businesses.
These changes were Any proper explanation at report
Any proper explanation at report stage. They have generated a serious concern, particularly for our small and medium-sized you may suddenly find themselves subject to
obligations they neither anticipated
nor are they equipped to manage. These amendments have been directly
endorsed by the Federation of. The principal organisation representing the voice of small employers right
the voice of small employers right across the country. And I quote from
across the country. And I quote from them directly.
"New growth and jobs
in local communities rests squarely on our SMEs, which make up over 99%
of all UK businesses and employ around 16 million people.
Disproportionately recruiting those furthest from work. The Federation
of Small Businesses supports this amendment, which recognises the
distinct nature and limited resources that small employers face
when it comes to managing industrial relations in what in many cases are more like family units or teams
more like family units or teams
rather than big culprits.
They simply do not have the HR infrastructure or legal teams that big firms rely on to navigate
complex union access procedures and
negotiations. This amendment provides a necessary and vital safeguard by ensuring that SMEs are
not automatically some checked to trade union access requests or
changes to recognition thresholds. Our recent research found that 92%
of small business employers are deeply concerned about the measures proposed in the Employment Rights
Bill. With 72% specifically worried about the increased costs of
compliance such as the need for specialist HR or legal support.
These figures further demonstrate the importance of maintaining
proportionate, practical and measured safeguards, such as those
measured safeguards, such as those
The Federation continues, we hope that Conservatives and Liberal Democrats will back the amendment to
delay these measures and that the Labour government will agree to it
to guarantee proper consultation and assessment of the practical impacts on SMEs. In that parliament
considers these before ministers turn on these provisions. I beg to
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move. Amendment proposed, clause 55 page 75 line 23, at the end insert
20:46
Lord Londesborough (Crossbench)
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page 75 line 23, at the end insert the words as printed on the marshalled List.
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I rise to speak in support of all the amendments in this group will speak specifically to amendments
speak specifically to amendments 129, 131 and 145 tabled by Lord
Sharpe of Epsom and Lord Hunt of Wirral, and to which I have put my
Wirral, and to which I have put my name. Increasing the rights of Trade Union Act Seth as well as lowering
Union Act Seth as well as lowering the membership thresholds and the required percentages for action is as we know applying right across the
as we know applying right across the board whatever the size of the business or organisation.
It is part four of this bill as Lord Hunt has
four of this bill as Lord Hunt has just highlighted that is causing
just highlighted that is causing considerable alarm and nervousness among SMEs, particularly small micro
among SMEs, particularly small micro and family business owners. I know this through multiple meetings with business owners and a steady flow of
business owners and a steady flow of emails into my inbox. At this point
I should remind the House of my interests as a chair adviser and
interests as a chair adviser and investor in a range of small start-
investor in a range of small start- ups and scale ups.
One of the key issues that keeps being raised by entrepreneurs and business owners is
one of culture. Workforce culture
performance and collaboration within teams that is so vital to achieving
a productive and profitable and ultimately sustainable businesses.
These employers are not simply against any sort of unionisation of their workforce, in many cases they
can see the merits. They are very concerned about the enhanced
provisions of access in this bill and the potential impact it will
have on owner employee relations, teamwork and indeed increased time that will need to be devoted to changing induction paperwork, negotiating with staff and their unions, facilitating meetings, and
possibly also having to work with the Central Arbitration Committee
and the Fair Work Agency who will have the right of entry to their businesses and indeed to their
businesses and indeed to their
records.
In an era where we as a
nation desperately need to see real economic growth, especially per capita growth and productivity advances, this section of the bill threatens to dampen those prospects
and distract owners and management
from this core mission. Among small businesses there is also the danger
of creating divisions unnecessarily between owner and workforce and indeed between members of the
workforce itself. I know this is not the government's intention but we
run the risk of damaging these unique cultures that we see in
start-ups and family businesses.
In short, and whatever the government's
rather confusing claims on
consultation are, the Assembly community which as we have heard accounts of nearly 17 million jobs,
2.8 trillion turnover per annum, clearly don't feel they are being
heard, let alone consulted. Amendments 129 and 131 in particular
address this, I believe in a considered and structured way. First
we need to see structured and representative consultations across
micro, small and medium businesses, across the key sectors and involving
, from those employing two or three
staff, to those employing 20, 50, 150.
These are very different enterprises, not just in terms of size but also in terms of stages of
development. Secondly, we need to see coherent impact assessments for
each of these groups, not the one- size-fits-all approach that
dominates so much of this bill. Also not just by size but also by sector.
From agriculture to technology and telecoms they will be impacted in
very different ways. And as we have
heard, SMEs will need time and fair notice, certainly not before April 2028 to be ready to deal with the potential consequences of these
clauses.
None of this is unreasonable in my view. These
amendments will help the government to avoid damaging the Assembly
ecosphere at a time when we need to proceed with care and caution, and
especially if we want SMEs to be the
engine of real economic growth.
20:51
Lord Moynihan of Chelsea (Conservative)
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I stand to move amendment 130 in
my name, it is purely an amendment
to rectify a small perceived mistake
in the legislation. Whereby a trade union can in theory put in a demand
to meet with its members in a company immediately without any
delay or warning. This means that a
company's management must always be in fear of a sudden disruption to the company's ongoing work. I'm sure
that the government didn't intend to torment companies with this possibility, so I put forward this
amendment with a view to giving the government in opportunity to agree
that some kind of advance notice I am suggesting a delay between request and meeting of at least two
days, can be put, is a good idea so
it can be put on the face of the bill.
As to how long that advance
bill. As to how long that advance
-- business is the engine of economic growth, the ultimate creator of jobs, therefore we all in this House must be agreed that
helping business accomplish its ends is important. The government wants the economy and jobs to grow it has
told us so repeatedly. It does not want companies worrying unnecessarily about sudden
disruptive swoops from the union. We
can see at once that there are many circumstances where a request to meet immediately just wouldn't work.
Imagine for example the air traffic controllers having to suddenly
downed tools, imagine a complex just-in-time process of many parts
interlocking being suddenly interrupted with an appalling domino
cascade of interruptions and failures as a result. Imagine a
complicated safety audit being disrupted. I'm sure the government has no intention of that, and I
imagine the noble minister will tell us that's not at all the intention,
but if that's not the intention the opportunity is there for the trade unions to act in this way in the
bill.
And therefore why not on the face of the bill prevent that
opportunity? We all agree that
untrammelled regulation is shall I quote, a boot on the neck of
business. We are sure that is the
case, we were assured just last week by the Chancellor of the Exchequer herself that that was the case. Yet
here in clause 50 we have yet another regulator in this bill, not the first regulator we have discussed that has been created for
this bill.
With finding powers. Last
week same bill, the FWA. Now we have the Orwellian sounding Central
Arbitration Committee. Again with
finding powers. -- The power to fine. Read the bill. Payments will
be made if the Central Arbitration Committee decides that a request to
meet was unfairly refused. I checked
it all this afternoon. I didn't really expect noble Lords to
challenge me on it, but I can
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I think the reaction was the use of the word Orwellian, no one is questioning the facts, the suggestion that a Central Arbitration Committee and was Orwellian.
Orwellian.
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Orwellian. May be a central committee is not Orwellian but I feel the Central Arbitration Committee is. We can
Arbitration Committee is. We can agree to disagree on that, committee
is the actual name. Imagine how all of this will be taken by the neck on
of this will be taken by the neck on which this regulatory boot is going
which this regulatory boot is going to be placed by this bill. All my amendment is doing is suggesting
amendment is doing is suggesting just suggesting some small limit to
win a trade union might announce the date on which it make wishes to meet with its members, and that would
with its members, and that would give a proper and proportionate and
give a proper and proportionate and fair way of giving both sides, company and union, what they need.
company and union, what they need. Indeed, a delay would actually help the union by helping find a time when more staff were present for the
when more staff were present for the mooted meeting. The bill gives the
union three months in which to
complain if management refused the proposal, a proposed time to meet.
Surely if three months can be given to the union, two days is not too
much to ask for the employer to consider any such request.
20:57
Baroness Lawlor (Conservative)
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I speak very briefly in support of my noble friend amendments and
they are very good reasons to do so. To exempt small businesses which make up the backbone of the
productive economy. Exempt them from
the measures in clause 55 and clause
56, the compliance, both the statement of trade union rights and for trade union access. We know and
we have discussed that committee how rapidly trade union membership is
rapidly trade union membership is
falling, and it has fallen particularly in the private sector.
We know that though it has gone up in the public sector it still
represents a much smaller proportion of trade union members than in 1995
when statistics began. Air so if we impose on the Small Business Act small and medium-sized businesses
which account for 99 small and medium-sized businesses which account for 99.8% of our productive
economy, additional compliance costs
on 1.16 million micro-businesses up
to 10 employees, 0.4 million, 4 million indeed sole traders, we are saddling them with the kind of
compliance costs which noble Lords
have already referred.
I would wholeheartedly support my noble friend amendments to exempt the
majority of small, tiny and medium- sized enterprises from the compliance cost of furnishing a
letter, and the cost indirect perhaps, of access arrangements for trade unions where there may be no trade unions in the workforce of these small entrepreneurial
businesses. businesses.
20:59
Lord Leigh of Hurley (Conservative)
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I rise very briefly just to mark that this is the moment, 21st of July at 9 o'clock when the Labour
government is going to put such unreasonable demands on small businesses that they will all come
together and say this government is not our friend. This government is distracting us from growth, from
employing more people, from productivity. Just as small businesses are getting over make tax digital, getting over COVID, getting over tariffs, this legislation will do irreparable harm. I wanted to
make this point because I can assure noble Lords there will be future
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reference to this very moment. I will be very brief but I
21:00
Baroness O'Grady of Upper Holloway (Labour)
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I will be very brief but I thought it might be helpful just to inject a bit of balance into the debate. You may recall at committee
debate. You may recall at committee that I spoke of how often in fact there are positive voluntary agreements between employers and unions about access, because everybody recognises that in a
modern civilised society workers
should have the right to speak to a trade union, it's their choice whether or not they join but it
ought to be seen as a basic right, to be able to meet a union at the
workplace and in my experience very often it is coming and have a
Karpaty, you get the chance to meet the workers, workers will make up their own minds about whether or not
they want to join, but I think I also spoke and I would remind you of
some pretty appalling situations where we know the workers are being
exploited badly and where we have
been forced to stand on roundabouts, in the rain, out of the view of CCTV
cameras because workers are terrified of being seen talking to a
Would hope that most noble Lords would agree that is just not right
in society, they should have the right meet the union at their own workplace and I think it is
important maybe to see this as a right for workers and that it is very much built on the premise of
agreement between a worker and a union about what is reasonable
because it is not about just turning
up out of the blue and busting your way in, it is about coming to an agreement which I am sure those
noble Lords who talk so often about their business responsibilities
would understand the importance of agreement when it comes to the
industrial revolutions.
One final point from me is that there are 6
million workers working for small,
medium, and large sized enterprises in the private sector workforce. The
idea that they would be denied that right just because they happen to be employed by a small employer seems
wrong and let me just remind you won final time that this is about the
rights of workers to speak to unions in their workplaces and it is about
doing so with agreement and that CAC
only becomes involved if they cannot
come to an agreement.
And I support the bill as it stands.
21:03
Lord Hannan of Kingsclere (Conservative)
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The chairman of the junior
doctors put out a tweet you do not have to tell your employer if you
are striking. I thought of that as I was listening to Baroness O'Grady
how reasonable and collaborative this union participation was. There was a difference between people wanting to work together and people
seeking to inflict maximum
disruption, as is plainly the case in that strike and I have to say, by the way, the secretary for health of state in another place has made the
point I have, he thinks it is externally disruptive and said all
the right things about it and can we blame a union for walking through a
door that has been so ostentatiously unbolted with the passage of this legislation? I do not want to get into a second reading speech, I
agree with my Noble Friend that we
have done extremely well with low unemployment unlike almost every other country in Europe with the
financial crisis, COVID, we have had structurally low unemployment because of a flexible labour market
but that is beyond this and I do not see how anyone can reasonably oppose the agreement that has been put
forward by my Noble Friend Lord Moynihan of Chelsea.
Affordable
trying to be proactive it seemed that informing an employer before
coming and organising in that company as a matter of minimal
courtesy and it does seem to me an oversight in the legislation and I do hope the Minister will at least
enable to concede that.
21:04
Lord Goddard of Stockport (Liberal Democrat)
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My Lords, I rise to speak to
these amendments and I have to say this is probably the most difficult
from my group of all the amendments about committee and the report stage
because I can see the merits of both
sides and on one hand we obviously have been suspicious of any
amendments added at report stage, whereas the examination on that? And
having said that, if we are consistent, our consistent approach
is that small, medium SMEs have our
support, there are the people that are the most insecure, that email
may more than anyone else.
You might think we might go to these amendments but on the other hand
these amendments actually, in our
view, create that to tear situation that we are consistently involved in
throughout legislation and after spending night after night I cannot agree with that because we want
legislation for the entire assembly and by having a two tier agreement or arrangement that again throws
more uncertainty to small SME
businesses because our week in? We out? If we qualify. On balance,
probably for the first and only time
I get up in this chamber if this comes to a vote of a full usual
abstain on this particular issue.
That does not mean I have not supported the unintended consequence
could be something that we feel very strongly and that is that we should
be clear, concise, uniform. And this just clouds it a little bit looking
for the two tier arrangement and that on balance just does not enable
us tonight. us tonight.
21:07
Lord Leong (Labour)
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My Lords, I am grateful to all
noble Lords that have spoken. I just
want to also see I have listened to all of the arguments in the last few
years when minimum which was debated and it really does not hold water
with me and I just want to say to noble Lords that we are not
antibusiness. You cannot find more
pro-business than me. I have been a
small business person myself and in this Bill, I believe, strongly, it works for workers and it also works for business.
Before I address the
various amendments in the name of
the Noble Lord shop let me say that
we are committed to supporting SMEs which is challenging in the operating environment and global uncertainty and we accept that is why the Government has set out the
new business service to streamline
access to support and where the new strategy will spend key areas such as including access to finance
market expansion, business capability development, entrepreneurship, and creating a
strong and stable business environment and including
combination with our industrial strategy, strength strategy, and,
hopefully, SME strategy which will be published shortly.
It is a key part of this government's bid for
change to encourage growth and put more pounds and money in people's pockets. Let me turn first amendment
132, 133, 134, we introduce a
streamlined route through the committee which was established in 1975. The decision-making process,
proposals to ensure that genuine and reasonable requests for access are
not subject to unnecessary delays while still maintaining appropriate
safeguards for complexity or remains. Regarding amendments 129, 131 and 13 remains. Regarding amendments 129, 131 and 135, we
believe that strong trade unions are central to the misuse of security,
inequality, discrimination and enforcement and the economy, right
of access is key.
The access framework allowed the flexibility for SMEs. Unions and employers can
negotiate an access agreement and
employers may challenge those they consider unsuitable. Where an access
agreement cannot be agreed, the CAC determines with access should be granted and this decision will be
guided by matters described by the Secretary of State. On amendments 128, the attention behind this
measure is to ensure that all workers are informed of their legal
rights and work without imposing undue burden on employers. Making the requirement for employers and
workers and their right to join a trade union is about fundamental fairness and transparency and to
many people, all insecure jobs, do not know they have this right.
We are not telling anyone to join the union but simply making sure that
they know and just as employers are expected to inform staff about
health and rules or their right to paid leave they should also be clear about the right to union representation.
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With the Minister agree that we
require the Cabinet to require an employer to finish a new employee
employer to finish a new employee with the same date at the same time as giving the agreed terms and
conditions of employment letter 's statement obliging and requiring
statement obliging and requiring them to give them a statement on the right to join a trade union. I cannot see that that is proportionate.
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proportionate. It is just that any other rights
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It is just that any other rights employees they expect it, health and in order for their annual leave and
in order for their annual leave and all that, so the right to join the union does not mean they have to join their union because it is a
join their union because it is a choice, so either it is a small step that supports workers and provides a more fair and balanced workplace. The staple of trade union rights
The staple of trade union rights will be provided at the start of employment alongside an existing written statement of particulars in section 1 of the Employment Rights
Act 1996 and at further described times.
Given that it builds on an established process we believe this
established process we believe this measure places a minimum burden on employers, including many small
businesses and we will be consulting on the practical leaders of clause 55 before we set up in secondary
legislation. Finally turning to amendment 130, the complex policy
then will involve little practical consideration and we will,
therefore, be providing for operational details of a responsible and regulated access framework in
secondary legislation. And in doing so we will publicly consult on this
operation detail in the autumn of this year, including on modern access terms we must consider
reasonable for both employers for the union to comply with and the appropriate amount that the union
must give before action takes place.
Before setting of the operational details to ensure that we cater for a variety of scenarios and were
racist and ensure that these measures are fair and workable in practice possibly believe that providing for this operational
detail now and consultation would be premature. I therefore respectfully
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ask the Noble Lord shop to withdraw amendment 123. My Lords, the response we have
21:13
Lord Hunt of Wirral (Conservative)
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My Lords, the response we have received today I greatly regret I have to say is completely
have to say is completely unconvincing. At no point throughout
the progress of this bill had Ministers offered a satisfactory
explanation as to what sweeping changes to Trade Union Act as rights
determine digital access, introduced at report stage in The Other Place
with no consultations, no impact
assessment, and no regard for the realities facing small and medium-
sized businesses.
There was no clarity whatsoever regarding how these measures will work in
practice. And how right Lord let Gainsborough is to stress, there has been no recommendation on the burden they're going to place on the
thousands of small or medium-sized employers across the country, there has been no proper answer to my
has been no proper answer to my
Noble Friend supported by my Noble Friend Baroness Lawlor or Lord Leigh
of Hurley and I have no need to remind Baroness Brady that she was
shot out in the water.
All I will
say is there has equally been no proper consideration of the broader
impact these changes could have on the labour market in particular
hiring business confidence at a time
of economic uncertainty. I do regard
the Noble Lord got out of Stockport
as being consistent, but I disagree with him, and I hope that he will issue a detailed explanation to the
Federation as to why he has felt unable to follow their guidance that
really there has to be a recognition
of the needs of small and medium-
sized enterprises and I will understand the arguments that Lord Londesborough introduced so far as
amendment 129 together with 1452
actually I think provide a simple
and proportionate safeguard, and given the seriousness of these issues, and the complete lack of
justification for how this has been
handled, I shall on amendment 1296 to test the opinion of the House, and in the meantime I beg leave to
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withdraw amendment want to wait. Amendment is, by leave,
withdrawn. The question is that this amendment be agreed to. As many as are of that opinion, say, "Content",
are of that opinion, say, "Content", Of the contrary, "Not content", the question will be decided by division. I shall notify the House
21:16
Division
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division. I shall notify the House
Voting is now open, clear the ball.
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The The question The question is The question is amendment The question is amendment 129 The question is amendment 129 be
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The question is amendment 129 be agreed to. As many as are of that opinion, say, "Content". Of the
opinion, say, "Content". Of the contrary, "Not content". The contents will go to the right by the
contents will go to the right by the throne. The not contents to the left
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My My Lords, My Lords, the My Lords, the question My Lords, the question is My Lords, the question is this
My Lords, My Lords, they My Lords, they have My Lords, they have voted. My Lords, they have voted. Content
106, not content, 140. So, they not
contents have it.
Right, we now have amendment 130. Lord Moynihan, not
amendment 130. Lord Moynihan, not
moved. 131, Lord Sharpe, not moved.
132-134, Lord Sharpe, not moved. 135, Lord Sharpe of Epsom.
21:26
Lord Sharpe of Epsom (Conservative)
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I rise to speak to amendments
135-143, standing in my name, and that of my noble friend, Lord Hunt
of Wirral. When this first appeared
in the Bill, Justin Madders admitted the government had decided whether or not the intended user. First they said there would be no consultation,
then change their minds. That's not a serious way to make laws, it is confusing. Especially because, as
ever, of SMEs. As we have mentioned several times in the passage of this, with the basic rules governing their own workplace.
If the
membership threshold was reduced to 2%, at the government appears to envisage, then, in a company that
employs 250 employees, it would only require five members in the bargaining unit to request a ballot.
That would mean that a union could gain bargaining authority or workplace conditions, pay, and leave
arrangements, for the entire bargaining unit, based on the explicit support of a tiny number of employees. It ranges questions about whether such an arrangement
adequately reflects workforce preferences, and particularly for employers who may value direct engagement.
That potentially creates
a situation where unions have speculative request for definition, with little depth or membership, in
a proposed bargaining unit. The process comes at a cost for both employer, of managing and arranging
access and facilities, and the Central Arbitration Committee for supervising these potentially
supervising these potentially
speculatively its. I really do think this speaks for itself, there is a huge amount to say, in addition to what I have already said, I would
know the noble Lord, Lord Hendy, was talking about workplace democracy earlier today.
Whatever it is, it is not this. I beg to move.
21:28
Lord Lucas (Conservative)
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Amendment proposed, page 6, scheduled to do seven, leave out paragraphs 3 and four.
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Amendment 144 in this group to be discussed. If we do not have a
discussed. If we do not have a number limit, in that essentially
one employee could trigger union representation. And surely, that is not something to impose on small
21:29
Baroness Lawlor (Conservative)
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businesses. My Lords, this set of amendments
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My Lords, this set of amendments
is a proportionate response to the bill's schedule six, to ensure that we have, on the face of the bill, clarity for all parties about the
threshold to be met in respect of union seeking recognition, to conduct and collect bargaining, on
behalf of a group of workers. Making a request for recognition. As
matters stand, employers and deploys should know the special recognition is 10%. This is established under
schedule one of the labour relations
Consolidation act of 1992.
On trade union recognition for the union. Or
unions seeking recognition to be entitled to conduct the collective
bargaining, on behalf of a group of
workers. Now, the 10% threshold is set out in paragraph 6, and it is
enforced throughout schedule A1, in
the subsequent paragraphs, which I noble friend's amendments are
seeking to amend. Are seeking to reinstate.45, completing applications, 51, again, for
competing applications, in paragraph
86, 87 and 88. As well as in
paragraph 14, on applications.
This bill, as your Lordships will know,
substitutes the words that require percentage. As it does for paragraph
45 one validity of applications. We know that the required percentage
may be or may not be 2%. But it has
become almost a euphemism for whatever estimator side, post- consultation. And impose via
Statutory Instruments, in whatever circumstances they emerge. It may be
the union masterminding the chaos,
which finds its members as fleeing to another union, wanting to get
0.5% figure in the instrument.
Or perhaps, withhold support to the
Strongly support this at amendments because it makes clear to all the parties concerned that on the face
of the bill that threshold will be and yes, it would encourage trade
unions to meet that threshold in the
workplace and not seek to get in there recognition bids and have successful bids from the back door
of a statutory instrument rather
than playing fair with the workers and with the employers and with the and with the employers and with the country about the tenants and the threshold.
21:32
Lord Fuller (Conservative)
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I rise to speak on all the amendments in this group and I
frankly of the perspective that democracy is all about minority
reviews, making conferences, so the minority does not hold the majority.
Because if you allow the minority a veto with special convocation to
enforce their narrow view of the
world, it encourages extreme views and truncheons, if you give somebody a veto you would be surprised if they use it and effect of the bill
is perhaps to give minorities significantly lower than the 10% threshold than the first incentive
to exercise that veto.
That is not good for the individual, the
employer, and I do think it is even good for the unions because of
potentially weakens their members mandate and I talk from the perspective of someone that has negotiated the local Government plea
deal for many yes as part of the committee Lady Taylor and my
expenses covered by the experience that local Government with three
unions involved it is a complicated negotiating environment and it is hard enough to meet consensus with
reunions but still less, 10, that is why this bill is taking us.
If we do
not accept these amendments we place the employers in the position to
choose between various unions and the lower the threshold, the greater the incentive is to fragment the
union landscape with people in front
union landscape with people in front
and in so doing weakening the end I cannot understand by the brothers are so keen right of the employer be
placed in the position for
preference to allow each the rights they should be agreed amongst
themselves.
These minutes will not weaken the thrust of the Government is trying to achieve and will
provide the certainty of the materiality to shall that would otherwise allow the unattended threshold that this entails if you
like to many cooks being allowed to spoil the broth and that
disadvantages the employee by producing the negotiating power of
that majority and disadvantages the employer by making it hard to negotiate at a critical mass and of
course for the union they value fragmentation and the issuance of
special interests over building
consensus, so, once more, we have an opportunity to ask the Government to support sensible and measured amendments that would help them
achieve their purpose, but to resist risk and the opposite and not for
the first time.
21:35
Lord Goddard of Stockport (Liberal Democrat)
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My Lords, we moved at Committee stage several amendments resisting
this reduction from 10% and there was a reason for doing that because we think that is the first threshold
and from two to 10 is we think not
done for the reason of competing
unions but this is different because when we have these arguments at Committee stage and at night the
Ministers and other speakers
probably do not have to join the union and I do wish people would
unite in coming third and third next
time, but the point of the story
that I am trying to tell you is that by saying they do not have to join a union what you were doing is
effectively stacking the deck.
You
are setting them up because if you believe that trade unions are free to join or not and there is a
threshold of 10% then that is the principal and that has stood for
years and by then would that be down to 2%? What brings it to that
number? And there is an obvious reason for that number but the unintended consequences, again,
becomes a mantra and I will say it quickly 10, 15, 20 people when they
only need two or three or four literal people to say that, it
becomes complicated.
And unintended
consequences, so 10% is the threshold, so 10%, you have given us no reason why you have changed,
leave it at 10%, just leave the
status quo. And if Lord Sharpe is to move his amendment tonight, my
lobby.
21:37
Lord Katz (Labour)
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I thank all noble Lords for the
short but focused debate we have had
on the set of amendments as to the Noble Lord shop of Epsom and I
thank, I particularly want to pay tribute to fellow GMB members Lord
Goddard of Stockport and as I set out in Committee stage the current
thresholds we believe posed to high hurdle in the modern workplaces which are, as you know, increasingly
fragmented. A band, therefore, to consider whether the 10% threshold
on application should be reduced in the future.
The reason why a range
of 2% to 10% has been chosen is because in 2020 the previous Government reduced the threshold
that triggers the information agreements from 10% to 2% in the workplace, so what the bill proposes
aligns with that but to be absolutely clear we do want to consult on making any decisions as
to whether we should bring secondary legislation and how the threshold
should be varied if at all and we will consult businesses including,
of course, spot and medium-sized businesses as part of that consultation process.
Should we decide to bring forward secondary
legislation in the future, that legislation will be subject to debate in both your Lordships house
and The Other Place. We will carry
out the time impact assessment that includes this as before small and medium-sized businesses. I would
like to reassure all noble Lords and Lord Sharpe in particular whatever
application percentage is or may be,
unions, the fact remains that unions would still need to obtain a majority in the trade union balance
and that point is fundamental to the
misconception that is coming from the pages opposite about what this
part of the bill does or does not do and to be clear this is not to address Lord Fuller's point the
tyranny of the minority, in fact it is contrary to that point, this is about the trade union having to wait
for the majority.
Experiences show this is not easy to achieve and you
want to have to make a good case to persuade the majority to vote for that condition any recognition overseen by a qualified person and
it is in the trade unions interest that they could win a majority of
the ballot, otherwise there would still be prevented from another
statutory recognition in the same body for three years and that is why
it is highly unlikely that the union would apply and there is only one worker that is a member of that
union.
Indeed, if experience tells us anything, it is highly likely
that trading will continue to focus their efforts on large workplaces
whether a greater bank for the advertising book and the union recognition process is generally
consensual and that is a good thing in the nine years from 2017 to 2025, only 375 recognition applications
only 375 recognition applications
have gone to the CAC, close to half of the 1476 recognition applications
received since 1999 with draw at the
various recognition processes, in many cases because the parties have reached a voluntary agreement for evaluation.
The confrontation that has been set up by some speakers
from the benches opposite is really a chimera. This is not the reality
of organised workplaces. Given that, I would therefore ask the Noble Lord shop of Epsom to withdraw amendment 135. 135.
21:41
Lord Sharpe of Epsom (Conservative)
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I am grateful to the nobler for setting out the context in a bit more detail, but I would like to test the opinion of the House.
amendment be agreed to. As many as are of that opinion, say, "Content", Of the contrary, "Not content", my
21:42
Division
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Lords, the question will be decided by division. I shall notify the
by division. I shall notify the House when voting is open. Voting is
My My Lords, My Lords, the My Lords, the question My Lords, the question is My Lords, the question is that
amendment 135 My Lords, the question is that amendment 1352.
As many as are of that opinion, say, "Content",
Of the contrary, "Not content", the contents will go to the right by the throne, the not contents to the left
The The question The question is The question is this The question is this amendment The question is this amendment be
My My Lords, My Lords, they My Lords, they have My Lords, they have voted.
My Lords, they have voted. Content,
92, not content, 130. So, they not
contents habit. -- The not contents
have it.
My Lords, amendment 136-143, Lord
Sharpe, not moved? Not moved. Good.
We now come to... Sorry, my Lords, in a minute. Amendment 144, Lord
Lucas, not moved. 145, Lord Sharpe,
not moved. And amendment 146, Lord
Lee, has been withdrawn. So, I think
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that is it. My Lords, I beg to move further consideration on the report been adjourned. As many as are of that opinion,
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As many as are of that opinion, say, "Content". Of the contrary,
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"Not content". The contents have it. I beg to move the House do now adjourn.
22:16
Oral questions: Cuts to Official Development Assistance in the UK
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