Pub Companies

Adrian Bailey Excerpts

Tuesday 21st January 2014 Commons Chamber

[Toby Perkins]

I almost got carried away there, then my hon. Friend announced that his pub was in fact closed. However, the fact that his determination and vigour will ensure that it soon reopens gives us all a sense of enthusiasm and excitement.

My hon. Friend the Member for Edinburgh South (Ian Murray), a former Enterprise Inns landlord himself, will have the honour of winding up the debate. I also want to salute the many other hon. Members who are here today and who have previously raised this issue in debates here or in the press, or joined campaigns in their communities to highlight the problems caused by aggressive pub company behaviour.

In September 2011, the Business, Innovation and Skills Committee’s fourth review of pub companies finally settled on the view that only a statutory code with a mandatory rent-only option would put the pubco relationship on a fairer footing. I was therefore disappointed by the suggestion in today’s Government amendment that Labour should have regulated this issue before. The Government will know that it was precisely because the Select Committee wanted to give the pubcos time to get their house in order that they were given a final chance in 2010, with a timetable that the Secretary of State supported when he first came into office.

[Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)]

Does my hon. Friend agree that it is rather strange that the Government are using the previous Government’s decision to abide by a Select Committee recommendation as an excuse to ignore the current Select Committee recommendation?

[Toby Perkins]

My hon. Friend’s intervention gives me an excellent opportunity to put on record my gratitude—and that of the whole House and the wider coalition supporting the reform—for his work as Chairman of the Select Committee, which has led the way on this issue. I entirely agree that it is odd that, with such a large body of opinion in favour of the reform, it has been so difficult for the Government to support the recommendation that the previous Government were behind and that this Government said in 2011 that they would support.

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[Vince Cable]

The simple one-word answer is no, but we will wait to hear the Government’s response.

[Mr Bailey]

Will the Secretary of State be bringing forward legislation on this matter before May 2015?

[Vince Cable]

As I have said, I cannot anticipate exactly what the Government will say in their official response, but the whole purpose of the consultation was to seek views on legislative action, and our response will be built around that set of questions.

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[Chloe Smith (Norwich North) (Con)]

I, too, welcome the debate. It is not the first time we have looked at the topic. I am in favour of the amendment, because I believe that the Government are taking action and that it is important to do that well, rather than rushing for reasons of political expediency. It is important to start by echoing the point that my hon. Friend the Member for Burton (Andrew Griffiths) made, which was that the previous Government did not act. They seemingly did something only two months before the 2010 general election. By contrast, this Government have taken the trouble to go through a large consultation process, which has been acknowledged to be very popular. I know that many of my constituents have responded to it. It is important that the Government offer a high-quality response.

[Mr Bailey]

The hon. Lady said that the previous Government did not act. Will she acknowledge that they did not act because the Business, Innovation and Skills Committee’s 2009 report did not recommend that legislation should be introduced?

[Chloe Smith]

I defer to the hon. Gentleman, who chairs that Committee, and leave it to him to explain its actions to the House.

I want to focus first on the proposals set out in the consultation. It is right to put in place a system to stop pub companies abusing the beer tie. It is good to look at having an adjudicator who can help tied pubs. It is also good to have independently chosen guest beers, which helps to support connected industries and manufacturing across the UK.

In the time I have been a Member of this House, like every Member present this afternoon, I have become well aware of the situation facing pubs in my constituency. I could talk about the Bull at Hellesdon, an Enterprise inn, which is a good pub at the heart of the community. In fact, that was one of the first pieces of casework I took up as a new Member of Parliament. I could also talk about the Maid’s Head in Old Catton, which is also an Enterprise inn. It hosts an enormous charity fundraiser—a walk around the ring road in Norwich. The only other hon. Member who might have done that is my hon. Friend the Member for Norwich South (Simon Wright). It is that kind of activity that puts pubs at the heart of the community, and rightly so.

I also take my cue from my hon. Friend the Member for North West Norfolk (Mr Bellingham), who noted the role of the Campaign for Real Ale in supporting and campaigning for pubs. CAMRA runs the large Norwich beer festival, which in turn makes large charitable donations, most recently to the Norfolk and Norwich Association for the Blind. The Norwich Evening News is also running its strong Love Your Local campaign. By focusing on a pub a week, it does something very practical to help what can be quite a beleaguered trade.

I think we all acknowledge that pubs are facing tough times because many of their customers are facing tough times. There is a far broader debate to be had in that respect. We might look at many long and short-term economic factors, for example, but we would also do well to recognise the other things that our constituents talk to us about, such as the introduction of the smoking ban, which is commonly thought to have changed the pub trade quite a lot, and competition from supermarkets, which I will talk about later. I have always believed that good pubs can do good trade, regardless of some of those external conditions. I also want to reiterate the point that pubs are at the heart of the community.

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[Mr Adrian Bailey (West Bromwich West) (Lab/Co-op)]

This is a debate that I never thought we would need to have again. Last year, we were given assurances that a statutory code would be introduced; a year later, there is still no sign of it. The motion reflects the sense of exasperation felt by Labour Members—and perhaps privately by many Government Members—about the lack of progress on this issue.

[Toby Perkins]

Does my hon. Friend share my fear that we will potentially be back here another year to have yet another debate? I am pencilling that into my diary.

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[Mr Bailey]

Absolutely. The only debate I want to see again is on the proposed legislation when it comes forward —if it ever does. I would add to the sense of exasperation a sense of bafflement as to why that has not happened.

The work done by successive BIS Committees has had two characteristics: first, the overwhelming desire to get the industry into a position where it would regulate itself; and secondly, the need to ensure unanimity across all political parties on the measures to be proposed. Successive reports said what needed to be done, what progress—often very little—had been made, and what would happen to the industry if it did not regulate itself. It has been said in this debate—indeed, it is mentioned in the amendment—that the previous Government did not do anything, as if that is some sort of justification for this Government not doing something. In the conclusion to its 2010 report, the Committee, under the chairmanship of the hon. Member for Mid Worcestershire (Sir Peter Luff), said:

“The industry must be aware that this is its last opportunity for self-regulated reform. If it cannot deliver this time, then government intervention will be necessary. We do not advocate such intervention at this stage, but remain committed to a resolution to all the problems discussed in this Report and those of the 2004 and 2009 Reports. Should those problems persist beyond June 2011, we will not hesitate to recommend that legislation to provide statutory regulation be introduced.”

Significantly, it was never intended that there should be statutory regulation until all other procedures had been exhausted in 2011. The previous Government committed themselves to that course of action, as did the current Secretary of State when he came into office. Yet still, after all these years, we have not had statutory regulation despite the overwhelming body of evidence that clearly demonstrates that the industry was not prepared to regulate itself. I give credit to my colleague on the Committee, the hon. Member for Northampton South (Mr Binley), whom I think would have vigorously expounded similar views today but had an unavoidable commitment and was therefore unable to be here. I emphasise that successive Committees have tried to secure a consensus across the board on this.

Like other Members, I was delighted when the Secretary of State changed his position and agreed to have a Government consultation. That took place in the early part of last year, and the Government have had the results since June. Again, there is an increasing sense of exasperation as to why those results have not been published. All right, it was the Government’s own consultation, but as my right hon. Friend the Member for Torfaen (Paul Murphy) said, the Secretary of State has the people to analyse it, and there appears to be no coherent logic as to why it has been delayed for so long. When the consultation was published, the Committee was asked whether it would have a session looking at it, as though it were the Committee’s job to analyse it. We refused in somewhat robust manner.

I will give the Government credit for one thing—they are perhaps the one organisation to have made the British Beer and Pub Association’s speed of operation look positively dynamic. I can think of no reason whatever why they could not have introduced legislation soon after the consultation process was concluded. There was nothing dramatically different in the consultation from the evidence unearthed by Select Committees or the points made in debates in the Chamber. The Groceries Code Adjudicator Act 2013 could provide a model for that legislation. Although there might be different opinions on different recommendations in the Select Committee report, it would have been appropriate to put those recommendations in legislation and have a debate on them in the Chamber. The different opinions are not in themselves an excuse for legislation not having been brought forward.

I wish to emphasise the sense of embarrassment that I feel, as the Select Committee Chair, about the fact that all the work that has been done over the years still shows no tangible result. My sense of exasperation is reflected by tenants up and down the country, who want to know what is happening and why parliamentarians support the pubs in their constituencies in debate after debate but do not seem prepared to vote to bring forward legislation to do something about the situation. I know that some Government Members have been even more vigorous than I have in upholding the need for legislation to be introduced quickly. The public at large and pub tenants will be mystified as to why they are not prepared to back the Opposition motion today.

I cannot help but feel that the lack of progress demonstrates something more profound than just sympathy for publicans—tensions within the Government and a lack of political will to translate promises into legislative action. The result of that will be disillusionment among the public and the tenants who need reforms, and above all, disillusionment with Parliament as an institution, which has demonstrated that it cannot make its will prevail over the Government.