Sale of Annuities

Alan Brown Excerpts
Wednesday 19th October 2016

(7 years, 8 months ago)

Commons Chamber
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Simon Kirby Portrait Simon Kirby
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The hon. Gentleman is right in as far as that certainly was the intention of the policy. There is a long-term plan, because I am concerned about the long-term financial wellbeing of these older and vulnerable people, and it is important that they get the right deal and make the right decisions. That is why this suggestion, which is only one of many, is not appropriate to carry forward. It is not a pop-up policy; we have listened carefully, and we have made the right decision.

Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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This U-turn has come about because of concerns about mis-selling and protecting consumers. The same risks and concerns must surely apply to the people who are currently exercising pension freedoms by cashing in their pension policies for lump sums. As my hon. Friend the Member for Ross, Skye and Lochaber (Ian Blackford) said, when are this Government going to have a coherent review of the existing pension freedoms legislation?

Simon Kirby Portrait Simon Kirby
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What happens in the secondary annuities market is very different from cashing in existing pensions for lump sums. To be clear to the House, selling an annuity would never have been the same as getting a refund on all the money that was put into the product or the original pension pot minus any payments made. Purchasers would have paid what they thought the income stream was worth. Without a competitive market, that income stream would have represented poor value for money, and people would have got a very poor settlement as a result.

Draft Bankruptcy (Scotland) Act 2016 (Consequential Provisions and Modifications) Order 2016

Alan Brown Excerpts
Tuesday 18th October 2016

(7 years, 8 months ago)

General Committees
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Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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I know that my hon. Friend has said that we should proceed without delay, but being a politician and as I am here, I feel that I should speak. What I liked in the explanatory note, and what the Deputy Leader did not refer to, is its reference to section 104 of the 1998 Act. It states:

“Section 104 of the 1998 Act provides for subordinate legislation to be made by the UK Government”.

Hopefully, that is important for the future, and I am looking forward to more subordination from Westminster to Holyrood. On that note, I am happy to support the order.

Michael Ellis Portrait The Deputy Leader of the House of Commons (Michael Ellis)
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There is nothing more that I wish to add, Mr Rosindell. I commend the order to the Committee.

Question put and agreed to.

Tax Credits: Concentrix

Alan Brown Excerpts
Wednesday 14th September 2016

(7 years, 9 months ago)

Commons Chamber
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Jane Ellison Portrait Jane Ellison
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It has always been the case, as we would expect, that managers within HMRC have worked with Concentrix throughout. I do not anticipate that enormous additional costs will be involved. There has always been a relationship between the two because there is some overlap in the work being done. I would expect that to continue as we work towards the end of the contract.

Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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The Minister is currently engaged in crisis management, but unless she sees the bigger picture, crisis management itself is not going to be good enough. In her opening statement, she said that Concentrix was not allowed to phish, but it clearly has been phishing. One of my constituents got a phishing letter not only saying that they were going to stop the tax credits, but demanding £10,000 in back payments. It is quite clear that investigation is needed—and soon. Any such investigation needs to look not only at the contract terms, the audit process and Concentrix’s behaviour, but at what is the true resource requirement for dealing with the tax credits issues. Unless the Minister can confirm such an investigation and review, we will be back here in a couple of years’ time.

Jane Ellison Portrait Jane Ellison
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HMRC has data analytics and operational experience to deliver the kind of savings we are looking for in reducing error and fraud. Practical measures such as simplifying the tax credit system, better monitoring of changes of income through real-time information and improved detection of fraud will obviously go forward. They are all important parts of making sure that we improve performance. It is worth noting again that hundreds of millions of pounds to the taxpayer have been saved by reducing error and fraud. We want to make it harder for people to make errors in the future.

Claim of Right for Scotland

Alan Brown Excerpts
Tuesday 6th September 2016

(7 years, 9 months ago)

Westminster Hall
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Michael Gove Portrait Michael Gove
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The Union is in robust good health, as is shown by the support for the continuity of the United Kingdom, which is maintained at the same level as it was during the heat of the referendum campaign.

It is important to acknowledge something more. The hon. Member for Glasgow North pointed out that, in the run-up to the referendum campaign, my party, the Labour party and the Liberal Democrats issued a commitment to increase the level of devolution given to the Scottish Parliament—the vow, published on the front page of the Daily Record. The keeper of the vow—the independent figure who was responsible for ensuring that that promise was kept—was Lord Smith of Kelvin, and he stated unambiguously that the vow had been maintained.

More than that, powers that existed before the vow and the passage of the Scotland Act 2016, and powers that are now conferred on Holyrood, have not been used by the Scottish Government. Why is it that there has been such timorousness about the exercise of the powers that the Scottish Government already have? Why is it that the tax-varying powers that have been conferred on Nicola Sturgeon and the Executive have not been exercised? Why is it that a party that claims that the answer to all Scotland’s problems is more power in Edinburgh has not even exercised the powers that it has? I can only conclude that the SNP wants a perpetual state of irritation and grievance with our current constitutional arrangements, rather than a determination to make them work. That is one reason why the SNP, having achieved unprecedented electoral popularity under Alex Salmond, is on a slow, gentle but irreversible slide in public opinion.

There is more. It is not just that the powers that we, as a United Kingdom Parliament, conferred on Holyrood, and that the Scottish people voted for, have not been exercised; it is also the case that in those policy areas that have been devolved to Scotland since the establishment of the Scottish Parliament, the SNP-led Administration have signally failed to deliver for the Scottish people.

Let us look particularly at education. When I was growing up and a student in Scotland’s schools, Scotland boasted, to good effect, that its education system was superior to that of England and any other part of the United Kingdom. The principle of the democratic intellect; the character of the lad o’ pairts; the principle, established at the time of John Knox, that there should be a school for every child in every parish—all stand testament to the fact that the Scottish people have valued education, historically, more highly than anyone else within these islands.

However, if we look at the reality of Scottish education now, we can see that children from poor backgrounds in Scotland are less likely to go on to higher education than children from poor backgrounds in England. The gap between educational outcomes for rich and poor has grown under the SNP Government. As was pointed out by Brian Wilson, formerly a Member of this House and still a distinguished journalist, one has to look very hard to find a single effective redistributive measure that has been introduced by the SNP whereby power or resources have been taken from the rich to the poor in Scotland, or whereby the opportunities available to poor children in Scotland have increased. Once again, the question has to be asked: why is it that the SNP, having had a majority Government and now having a minority Government with the support of the Greens, has been able to do so little to improve educational outcomes for Scottish children? The answer to which I am again inevitably drawn is: because the SNP is more interested in manufacturing grievance than it is in governing Scotland well.

Another example is the aftermath of the vote for Britain to leave the European Union. I remind the House that yes, of course a majority in Scotland did not vote to leave the European Union, but a significant minority did, and they did so in the teeth of a political establishment united in opposition to that proposition. Many of the people who did vote to leave come from backgrounds that I know well, in farming and fisheries. They recognised that an independent United Kingdom, with Scotland exercising power through its own Parliament, would have new powers over fisheries and farming when Britain left the European Union. But so far we have seen no effort to deploy any imagination, energy or passion in pointing out the ways in which Scotland’s agriculture and fisheries economic backbone can be strengthened by our departure from the European Union. As we saw with the start of the national conversation, there has been an attempt to use the vote to manufacture grievance rather than to ask the question, what is in the best interests of all the Scottish people?

Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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Just to clarify, after the Secretary of State for Exiting the European Union yesterday outlined what Brexit would mean by not outlining anything, is the right hon. Gentleman saying that Scotland is going to get full control of its fisheries policy?

Michael Gove Portrait Michael Gove
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My point is that when we were making the case for Britain to leave the European Union, it was perfectly clear that fisheries and agricultural policy would come back. Had a Scottish Parliament existed prior to our entry into the European Union, those policies would have been administered by the Scottish Parliament. There is the potential for the Scottish Parliament, already supercharged by the vow, to become even stronger. But, instead of exploring those opportunities—rather than regarding the glass as half full or even looking optimistically at the situation and thinking, “Well, I may not have voted for it, but I am determined to make it work for the people of Scotland”—the vote is being used to fuel a narrative of grievance and separation.

My principal charge against the SNP is this: there is no shortage of talent on the SNP Benches in Westminster and there is no shortage of passion or brainpower in the Scottish Government. Some of the most impressive men and women in Scottish public life staff the Scottish Government. This is a golden opportunity for them to show what devolution can deliver, but that opportunity is not being taken because, as this debate shows, a focus on the constitution, the generation of grievance and the creation of division trumps the cause of good government.

There are so many ways in which the devolution settlement could help the Scottish people to flourish within the United Kingdom. It is only within the United Kingdom that Scotland can, in the short to medium and, I would argue, long term, be absolutely certain that its people will have all the opportunities they deserve. Over the past month, it was remarkable when we discovered the impact of a diminution in global oil prices on Scotland’s economic position. It was remarkable the extent to which the commodity that had been relied on throughout the ’70s, ’80s and ’90s to underwrite independence had moved from being a well-stuffed piggy bank into an arid emptiness. I speak as someone whose family live in Aberdeen and for whom that fall in the oil price is, of course, a source of sadness, because individuals have lost their jobs.

More important than that being a source of sadness for the people of Aberdeen, though, is the stark fact for the people of all of Scotland that, as the author of the Scottish Government’s own White Paper on independence has admitted, the economic case for independence has been blown out of the water. I ask the SNP: now that oil is no longer the well-stuffed piggy bank that it used to be, what is being done to ensure that Scotland thrives economically? Yes, the First Minister has set up a growth commission, but what about the devastation that has been wrought on the further education sector? What about the lack of investment in skills in Scotland? What about the long-term decisions that could have put Scotland on a stronger economic course, but have not been taken? They have not been taken in order to manufacture grievance, create irritation and reinforce division.

Surplus Target and Corporation Tax

Alan Brown Excerpts
Monday 4th July 2016

(7 years, 11 months ago)

Commons Chamber
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George Osborne Portrait Mr Osborne
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I completely agree with my hon. Friend. We are well placed because we have got behind Britain’s businesses, large and small. The essential decision that we—he and I and our colleagues—took collectively six years ago was to push for a private sector recovery, rather than to continually pump in Government money to try to sustain the economy. That approach has been vindicated by the record numbers of jobs and businesses created and our record growth compared with other advanced economies.

Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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A few weeks ago, we were told that a punishment Budget would be presented to Parliament if there was a leave vote. We are now told that we do not need one and that we can cut corporation tax. The contingency plan that the Chancellor is taking credit for is actually the work of the Bank of England, which presented him with the chance to go into hiding in the aftermath of the leave vote. Given the failure to meet targets and the number of U-turns, is it not the case that the Chancellor is making up a plan as he goes along?

George Osborne Portrait Mr Osborne
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The contingency plans that we had in place were joint plans of the Treasury and the Bank of England and require the authorisation of a Chancellor in certain aspects. Based on the assessment we made before the referendum of the different models available to the UK, we now have to make a decision about how we want to proceed as a country. I am clear that we want the closest possible economic links, so that vital industries—not just manufacturing, but financial services, which is important to the Scottish economy—are able to trade as freely as possible with our European neighbours.

Oral Answers to Questions

Alan Brown Excerpts
Thursday 9th June 2016

(8 years ago)

Commons Chamber
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David Evennett Portrait Mr Evennett
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I was delighted to be in the right hon. Gentleman’s constituency to experience the moving ceremonies for the Jutland centenary commemorations. It is vital that we engage everybody, particularly young people, so that they might learn about what happened.

Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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I welcome the Department’s work to engage young people so that they might understand the suffering and sacrifice. What steps is it taking, however, to make young people understand the wider implications of world war one, such as the Balfour agreement and the redrawing of boundaries in the middle east, and how, in Europe, it sowed the seeds for world war two?

David Evennett Portrait Mr Evennett
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It is important that we get across the whole of this, and what the hon. Gentleman says is very important. At the moment, we are determined to focus on the particular events being commemorated, but more widely we also want to make people, particularly young people, aware of our 20th century history, of people’s experiences and of the tragedy of war.

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John McNally Portrait John Mc Nally (Falkirk) (SNP)
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5. How long the House spent voting in the 2015-16 Session.

Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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6. How long the House spent voting in the 2015-16 Session.

Thérèse Coffey Portrait The Deputy Leader of the House of Commons (Dr Thérèse Coffey)
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The Government do not collect this information and do not have the information available. However, the House publishes a record of the time taken on all types of business in the House, and that will be available in the next Sessional Return when it is published in due course. As has been published, hon. Members had the opportunity to participate in 269 Divisions during the last Session, but the total time taken for all business that gave rise to one or more Divisions was 471 hours and 46 minutes.

Thérèse Coffey Portrait Dr Coffey
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The Government made sure that on Monday a decent amount of time for debate was protected rather than compressed. On having a decision time, as in the Scottish Parliament, I suggest that separating decisions on an important piece of legislation from the discussion of them is not to the benefit of that discussion. We should try to ensure that we vote on matters that the House has debated. As we have seen in many debates, people have changed their minds as a consequence of listening to what was said.

Alan Brown Portrait Alan Brown
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One of the defences the Leader of the House has previously given for the current voting system is that it allows Members to grab a Minister in the voting Lobby. The thing is that guys on the SNP Benches are never in the same voting Lobby as Ministers. The 269 Divisions in the last Session meant that we spent roughly 60 hours of our time hanging around in the voting Lobbies, which is equivalent to a football player’s entire season in the premier league, so are we going to see electronic voting or the continuation of an inter-party league?

Thérèse Coffey Portrait Dr Coffey
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The hon. Gentleman has made an estimate based on the information I have just given him, but a lot of Members value the opportunity to see each other in the Lobbies. I recognise what he says about SNP Members often being in a different Lobby from the Government, but perhaps he should learn from his more experienced neighbours on the Labour Benches, who certainly use the voting process to grab Ministers when they leave the Lobby. Frankly, this Parliament spends more time scrutinising legislation than any other Parliament in the world, and I genuinely believe that our voting system is appropriate for that.

Oral Answers to Questions

Alan Brown Excerpts
Tuesday 7th June 2016

(8 years ago)

Commons Chamber
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Damian Hinds Portrait Damian Hinds
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I think that I detected a revised figure in my hon. Friend’s assessment of our net contribution to the European Union. The fact is that for every pound that is paid in tax in this country, a little over a penny goes to the European Union. That is a cost—it is not a trivial cost, and I do not belittle it—but what comes with it are the trade benefits, the enhancement of our economy and the protection of jobs and investment that we want to see.

Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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7. What steps he is taking to increase exports.

Harriett Baldwin Portrait The Economic Secretary to the Treasury (Harriett Baldwin)
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Over the last six years, UK Trade & Investment has more than doubled the number of businesses that it helps. It now aims to help a further 100,000 firms to export by 2020.

Alan Brown Portrait Alan Brown
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I thank the Minister for her answer, but it did not make it clear what is actually being done to increase exports. The Chancellor promised that his growth strategy would be underpinned by a doubling of exports to £1 trillion by the end of the decade, but to date his targets have been missed, and the export figures are moving in the wrong direction. What will the Government do to turn that dire performance around?

Harriett Baldwin Portrait Harriett Baldwin
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My right hon. Friend the Chancellor mentioned earlier the important work that UKTI is doing in not only promoting the Exporting is GREAT brand around the world, but, now—across the whole Government—encouraging all our embassies around the world to focus their resources on increasing the potential opportunities for our world-class exporters.

Budget Resolutions and Economic Situation

Alan Brown Excerpts
Monday 21st March 2016

(8 years, 2 months ago)

Commons Chamber
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Alison Thewliss Portrait Alison Thewliss
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I absolutely agree with my hon. Friend and with other colleagues from that part of the world, who are also here. I understand that the Edinburgh and south-east Scotland city deal team put in their bid in September last year. To open negotiations only now is an unacceptable delay in a region that needs that stimulus.

Select Committee reports on city deals have mentioned that they are often dictated by political imperatives. It seems as though Edinburgh’s deal sits nowhere in those political imperatives. We have waited and waited with bated breath for an announcement on the Edinburgh and south-east Scotland deal, but we have had no certainty about how well the plans have been received. It would be good to have an announcement soon, because the purdah period for the Scottish Parliament elections is imminent. There will then be a further purdah period for the EU referendum.

The people of Edinburgh deserve to know how their deal is being received and when work can get under way. It would be a shame if the ambitious proposal in the bid for £1 billion to improve infrastructure, skills and innovation were put on hold by an EU referendum. That £1 billion of investment could unlock an additional £3.2 billion of private sector investment in Edinburgh and south-east Scotland. Because the bid team is working collaboratively with Edinburgh University, surely the potential impact of the city region deal to the UK’s productivity and growth is deserving of an announcement of significant funds very soon.

There are fledgling deals in other parts of Scotland as well, and I would welcome early engagement by the UK Government in those deals. This morning, I met people involved with the Ayrshire growth deal, which involves ambitious proposals for the area to bring in greater science, technology and innovation and to make the most of the Prestwick hub—

Alison Thewliss Portrait Alison Thewliss
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There is lots of potential in the area, and indeed in Kilmarnock. The growth deal should help to encourage young people to stay in the area and to make their lives there, and it should attract back families who have moved away.

There are many ways in which Scotland looks at issues differently. Our population of 5 million allows us fleetness of foot and innovative thinking. In local government, housing, homelessness, city deals and a host of other areas we can lead the UK. I hope that the SNP’s involvement in this Parliament, however long or short that involvement may be, will allow Members to look to Scotland for ideas of civilisation.

Enterprise Bill [Lords]

Alan Brown Excerpts
Wednesday 9th March 2016

(8 years, 3 months ago)

Commons Chamber
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Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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Will the hon. Gentleman give way?

Bill Esterson Portrait Bill Esterson
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I am not going to take any more interventions at the moment. We have not got very long, because the Minister took so much time, and a lot of Members want to speak.

The Minister claimed that the Bill would help workers, but 91% of shop staff oppose longer Sunday opening hours and only 6% want more hours on Sundays. Listening to the Minister in Committee, we might have been forgiven for thinking that the figures were the other way around. The Minister says that he is improving workers’ ability to opt out of Sunday working. Let us just go through some of what happens now. Staff who apply for jobs with some retailers are asked whether they will work Sundays. Failure to say yes can mean no interview. Staff who are still in their notice period who try to opt out of Sunday working can and do lose their jobs. Staff who try to opt out of Sunday working can and do lose hours. Staff who want to opt out come under pressure from managers and colleagues not to do so. The reality is that staff already have to work on Sundays in too many large retailers when they do not want to, when they would rather spend more time with their children or—as most people want to do on Sundays—enjoy leisure time or rest. What happened to the family test?

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Hannah Bardell Portrait Hannah Bardell
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I am pleased that we have the opportunity to debate the extension of Sunday trading hours. Since the original proposals were withdrawn by the Government, my colleagues and I have been engaging widely with people and organisations on both sides of the debate. Contrary to media speculation and the misinformation peddled by Government Front Benchers, the SNP has, as we said we would, reached our conclusions on the basis of the evidence that has been presented to us.

There are a variety of views across this House and across the country. I intend to outline my concerns about the effect of the UK Government’s proposals on workers’ rights and benefits in Scotland and the UK. However, I should say at the outset that my SNP colleagues and I have no objection to the principle of extending trading hours on Sundays. After all, in Scotland, as has been said many times, we already enjoy unrestricted trading hours on Sundays. It is important to note that in the past, restraints on Sunday opening in Scotland have existed, but they have largely been social rather than legal. There are, of course, areas of Scotland where there is greater religious observance and Sunday opening hours are more restricted but, in general, the practice of longer opening hours on Sundays, particularly in retail, is now well established throughout Scotland, and some evidence suggests that that has been the case since the late 1980s.

The UK Government’s proposals represent the uniform deregulation of trading hours restrictions across these islands. That is not necessarily a bad thing, but without adequate legal protections, which we and others have called for, the employment protections of workers and their remuneration would be threatened.

The Government’s impact assessment, which was published only this morning, identifies more than 450,000 retail workers across the UK who receive premium pay, but in the 44-page assessment, the Government dedicate just one paragraph to that and dismiss out of hand the concerns of workers and of USDAW. Even now, faced with defeat, the UK Government refuse to offer assurances about premium pay. They engage in ping-pong politics, looking for ways to get the numbers through the Lobby.

Alan Brown Portrait Alan Brown
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My hon. Friend rightly underlines the point that we have always made about the long-term erosion of premium pay. A sham of a pilot has been offered, but does my hon. Friend agree that that cannot address the long-term erosion of premium pay? Nobody participating in a pilot is going to take away premium pay—they will have to wait until the pilot is finished.

Hannah Bardell Portrait Hannah Bardell
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I entirely agree.

My SNP colleagues and I made it clear in November last year that we would oppose the UK Government’s proposals, and we oppose them now. We challenged the UK Government to think again about how they could provide the necessary guarantees and safeguards to shop workers in Scotland and the rest of the United Kingdom. I was pleased that the Government tabled a new schedule in Committee—it now forms part of the Bill, although it is threatened with removal—that sought to amend the Employment Rights Act 1996 to give more explicit protection to shop workers opting out of Sunday work, including protections against such workers being discriminated against. Our Labour colleagues have referred to the legal opinion that they obtained.

SNP Members welcome the extra protections for workers. They show that the UK Government can, when they want to, listen and, on occasion, act to do the right thing. The SNP commissioned its own legal opinion from a leading Scottish silk to examine the protections in detail. We are satisfied that they represent a significant increase in employment protection across the UK, and those protections would not have materialised without the SNP’s opposition.

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Alan Brown Portrait Alan Brown
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My first time on a Bill Committee was during the passage of this Bill, and the journey has certainly been interesting from start to finish. In Committee, as outlined by the hon. Member for Cardiff West (Kevin Brennan), we had a vote that was not a vote and then a re-vote, but that will hopefully not be the future. Today, it was good that the Secretary of State gave the SNP complete credit for the Government defeat. We are happy to take that, but it was actually the result of work across the House and the amendment of the hon. Member for Enfield, Southgate (Mr Burrowes).

I was slightly frustrated by today’s proceedings, because I hoped to table an amendment relating to cash retentions, which is a big issue in the construction industry. It represents another missed opportunity for the Government. Our attempt to table an amendment proves that we are not about grabbing headlines, and we have been serious from start to finish in what we are doing.

Pete Wishart Portrait Pete Wishart
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I do not know whether my hon. Friend has some words of consolation for the Secretary of State, who seemed to be unduly upset about the temerity of SNP Members to come to the House and vote in the interests of Scottish workers. Does my hon. Friend have any advice to help him to get over his grievance?

Alan Brown Portrait Alan Brown
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The Secretary of State could give us further devolution for a start. If we had been given more powers in the Scotland Bill, as we wanted, perhaps the Government would need to worry less about us.

Another interesting aspect of what we have seen today is the Government’s last-minute so-called “concessions”, and we are going to get amendments that we do not know about, in the House of Lords. The Government need to make up their mind whether they are in favour of the House of Lords and what is being done in there or not. Only last week they were not happy with what the House of Lords is doing but today we are supposed to vote with the Government because the Lords will save us—I do not know where we are going with that.

Alan Brown Portrait Alan Brown
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I did not speak in favour of Sunday trading in Committee, because I did not speak about Sunday trading in Committee, and the record will prove that. My hon. Friend the Member for Livingston (Hannah Bardell) spoke in favour of stronger workers’ rights, and that is also there for the record.

I have mentioned cash retentions, and the Minister’s attitude to dealing with that matter is to acknowledge that it is an issue but to say, “Don’t worry, we have a Government review. We will do the review and then we will implement the measures.” We have to put all the trust in the Minister, but we should consider what the proceedings on Sunday trading show. The Prime Minister said, “We won’t be doing Sunday trading” but it was then proposed, even though it was not in the manifesto, and today we have seen last-minute deals. That proves that we cannot have any trust there, which is why I wanted to have a vote about cash retentions.

Kevin Foster Portrait Kevin Foster
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I was interested to hear the hon. Gentleman’s comments on Sunday trading. Will people working in Scotland’s largest supermarkets be able to look forward to hours restrictions from the SNP Government at Holyrood, given the SNP’s attitude towards that issue in England?

Alan Brown Portrait Alan Brown
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It is a different argument. The Government did not publish a full, proper impact assessment. The impact assessment that came before me was suggesting that workers might lose up to £1,400 a year and there could be £70 million lost out of the Scottish economy—that is from a published economist. When the Government cannot counteract that, I will go with that information. My conscience told me to vote on that basis and do the right thing.

Let me conclude on the cash retentions. We are seeking a retention deposit scheme similar to the tenant deposit scheme. This has been implemented in other countries— it has just been introduced in New Zealand—and shown to work well. It would protect small businesses. Up to £3 billion is held in cash retentions at any one time, and £40 million was lost in 2015—this is money the small companies could not recover because of bankruptcy in the other companies. Given that this recovery is meant to be based on small and medium-sized enterprises, this was another missed opportunity by the Government. I will leave it at that.

Enterprise Bill [ Lords ] (Seventh sitting)

Alan Brown Excerpts
Thursday 25th February 2016

(8 years, 3 months ago)

Public Bill Committees
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We tabled the amendment, which would exempt those companies from the Bill. If the Minister has another way of guaranteeing that they will be exempted, we will be interested to hear that. Otherwise, I ask her to listen to the strong and powerful case made by those private sector workers and agree to the exemption to exit payments caps for companies listed in new schedule 3.
Alan Brown Portrait Alan Brown (Kilmarnock and Loudoun) (SNP)
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I thought the hon. Member for Cardiff West set out the logic behind the amendment very well and I agree with all the comments he made. As he said, we have all received representations on this issue; in fact, there was the feel of a 38 Degrees campaign at one point, but that showed the strength of feeling. These are workers who are getting hurt by the law of unintended consequences again.

As has been said, it is middle-income workers—long-serving workers—who are encouraged to stay on site, in a privatised company, to remain there and do this very important work of decommissioning, which obviously has an end date that signifies the end of their work. So it is only right that they should be able to pick up the pension accrual that they expected to get.

If we look back in history, we see that this is about Government striking a commercial deal to privatise a company. The company knows the workload that it is going to get, so it knows its commercial return. Years down the line, these workers should not be the victim of a Government change in policy, when, in fact, the company has managed to pick up the profit it was due over the years. That is very important.

These workers have not had a say in this process. They probably did not want to be privatised in the first place and they should not have their terms and conditions changed further down the line. I certainly support the amendment.

Anna Soubry Portrait Anna Soubry
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We need to remind ourselves, of course, that the Government have been clear that ending six-figure payments should apply to all public sector organisations, with few exceptions. Of course, it is the taxpayer who picks up the cost of exit payments and employees who have specialist skills should not automatically be exempt.

I was a little troubled by the contribution from the hon. Member for Wakefield, and not because I disagreed with her for one moment about the dreadful accident the day before yesterday at Didcot and the subsequent fatalities. It is undoubtedly the case that many people do dangerous jobs. I am reminded, of course, of all those who work in the fire and rescue service; we often forget that the fire brigades provide the rescue service as well. They do incredibly dangerous work, not only when they are fighting fires but when they are rescuing people. Although it is extremely rare, if it ever happens, that we make firefighters redundant, nevertheless they are also included in this new provision. I do not think that the fact that someone does a dangerous job should in some way exempt them.

The list of exempt organisations will be set out in the regulations, not in the Bill itself, and of course they will need the approval of both Houses of Parliament. The guidance accompanying the regulations will set down the criteria that Ministers, or those who have been delegated the responsibility, must consider in decisions to relax the cap. In other words, there are exemptions that can be made, but they will be determined in a list that, as I say, will require the approval of both Houses.

Regulations relaxing the cap can apply to individual cases and to groups of individuals, to cater for cases where Ministers may wish to consider organisational cases for relaxing the cap. So there is already a mechanism in place for organisations to be considered for exemption. Therefore, the amendment is unnecessary.

The regulations implementing the cap will be in force from October 2016 at the very earliest. However, as I think I have explained—it has certainly been explained in correspondence, but now I will make it very clear again—Magnox employees who are in the current redundancy programme and due to exit by September 2016 will not—repeat, will not—be caught by the cap, and the cap will not affect the core terms of the pension scheme available to Nuclear Decommissioning Authority staff, in other words Magnox employees, such as the retirement age or the basis on which their pensions accrual rate is set.

The hon. Member for Cardiff West used a particular example, of course, from somebody who had quite properly written in, which is absolutely the right thing to do. In relation to that point, I will say that I have indeed had meetings with MPs. I have not met the unions, not because I have any difficulty in meeting unions, but only because—unfortunately—my diary is pretty hectic.

However, I particularly made the point when I met the MPs, and I have made it clear to the unions by way of a letter, that people should please use their MPs to make full representations to me. As we all know, in this place Members can lobby a Minister in a corridor, or anywhere we bump into each other. That is the quickest and easiest way, but it is not a slight on the unions. I have specifically said to Members of Parliament, “Get back to them, and tell them about our meeting. Use your good self to communicate through.”

--- Later in debate ---
Alan Brown Portrait Alan Brown
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The hon. Gentleman spoke about the Minister’s disappointing response. Does he agree with me that one aspect of that response was that firefighters would be affected by the provision on exit payments? Is that not an illustration of what is wrong with this whole premise? They are anything but fat cats.

Kevin Brennan Portrait Kevin Brennan
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It is. In fairness to the Minister, I do not think that she was saying that they were, but that is the language that the Secretary of State has used and that is the headline that they seek with this kind of policy making by headline. They put things in the Bill that are meant to get them a headline in the Daily Mail and The Sun. That is what it is all about, fundamentally. It is all about political positioning: “We are against these public sector fat cats.” But the reality, when we lift the stone and look underneath that proposition, is that some pretty ugly stuff is wriggling around underneath the stone. There is an example of that in the debate that we are having today. Hard-working people are being betrayed by their Government. They would have made very different assumptions, as my hon. Friends have pointed out, about what this policy meant when they read their Daily Mail and read the headline and even when they read the Conservative party manifesto, because—