Employment Rights Bill (Twentieth sitting)

Ashley Fox Excerpts

Committee stage
Tuesday 14th January 2025 Public Bill Committees

[The Chair]

Welcome back, and happy new year. The debate on Government amendment 204 to schedule 7 has already commenced.

Schedule 7

Transitional and saving provision relating to Part 5

Amendment proposed (this day): 204, in schedule 7, page 148, line 28, at end insert—

“10A (1) Where—

(a) a slavery and trafficking prevention order requires a person to notify the Gangmasters and Labour Abuse Authority in accordance with section 19 of the Modern Slavery Act 2015 (‘the 2015 Act’), and

(b) immediately before the day on which paragraph 53 of Schedule 6 comes into force, that requirement has not been complied with,

that requirement has effect, on and after that day, as a requirement to notify the Secretary of State.

(2) On and after the coming into force of paragraph 54 of Schedule 6, the reference in section 20(2)(g) of the 2015 Act (as amended by that paragraph) to a slavery and trafficking prevention order made on an application under section 15 of that Act by the Secretary of State includes a reference to such an order made on an application under that section by the Gangmasters and Labour Abuse Authority.

(3) In this paragraph ‘slavery and trafficking prevention order’ has the same meaning as in the 2015 Act.

10B (1) Where—

(a) a slavery and trafficking risk order requires a person to notify the Gangmasters and Labour Abuse Authority in accordance with section 26 of the Modern Slavery Act 2015 (‘the 2015 Act’), and

(b) immediately before the day on which paragraph 56 of Schedule 6 comes into force, that requirement has not been complied with,

that requirement has effect, on and after that day, as a requirement to notify the Secretary of State.

(2) On and after the coming into force of paragraph 57 of Schedule 6, the reference in section 27(2)(g) of the 2015 Act (as amended by that paragraph) to a slavery and trafficking risk order made on an application under section 23 of that Act by the Secretary of State includes a reference to such an order made on an application under that section by the Gangmasters and Labour Abuse Authority.

(3) In this paragraph ‘slavery and trafficking risk order’ has the same meaning as in the 2015 Act.”—(Justin Madders.)

This amendment contains transitional provision to ensure that, once the functions of the Gangmasters and Labour Abuse Authority under the Modern Slavery Act 2015 have been transferred to the Secretary of State, that Act continues to operate as intended.

Question again proposed, That the amendment be made.

[Sir Ashley Fox (Bridgwater) (Con)]

It is a pleasure to serve under your chairmanship, Ms Vaz. Government amendment 204 is crucial to ensuring that functions currently performed by the Gangmasters and Labour Abuse Authority under the Modern Slavery Act 2015 continue seamlessly after the powers are transferred to the Secretary of State. As part of the broader restructuring outlined in the Bill, those functions will be absorbed into the newly established fair work agency, which will take on the role of overseeing labour rights and enforcement activities.

It is essential that the transfer of these powers does not lead to any gaps in the enforcement of laws relating to modern slavery, human trafficking and labour exploitation. The GLAA has played a pivotal role in investigating and combating labour abuse, particularly in high-risk sectors such as agriculture, horticulture and construction. By ensuring the smooth continuation of these functions under the fair work agency, we are reinforcing our commitment to protecting vulnerable workers and ensuring that modern slavery offences are actively pursued.

Moreover, the amendment will guarantee that the dedicated focus on tackling labour exploitation is preserved even as responsibilities shift. The fair work agency will now serve as the central body for enforcing these laws, and it is critical that its operations are fully equipped to carry forward the work done by the Gangmasters and Labour Abuse Authority, particularly in investigating and preventing cases of modern slavery.

I would like to take this opportunity to ask the Minister for a more detailed assessment of how the creation of the fair work agency will enhance our ability to identify and prevent modern slavery offences. Given the increasing complexity of labour exploitation and the fact that modern slavery offences often take place in hidden, clandestine environments, the need for a robust, dedicated enforcement body is more pressing than ever.

[The Parliamentary Under-Secretary of State for Business and Trade (Justin Madders)]

It is a pleasure to see you in the Chair, Ms Vaz, and I wish you a happy new year too. I refer Members to my entry in the Register of Members’ Financial Interests.

I will not detain the Committee long, as I think the support from Opposition Members for the amendment is clear. Before lunch, the hon. Member for Mid Buckinghamshire asked how this measure will make things more effective. I refer him to the evidence given by a number of stakeholders, including the Director of Labour Market Enforcement, Margaret Beels, who explained that the current fragmented system makes it difficult to ensure that intelligence is shared correctly. The hon. Member for Bridgwater used the word “clandestine”. A lot of the people engaged in labour market abuses are operating under the radar, and therefore anything we can do to ensure that intelligence is shared and resources are combined has to be a good thing, so that these abuses are stamped out.

Amendment 204 agreed to.

Question proposed, That the schedule, as amended, be the Seventh schedule to the Bill.

--- Later in debate ---

[Greg Smith]

New clause 48 introduces the schedule to be inserted by new schedule 3, which in turn amends the Seafarers Wages Act 2023 to give the Secretary of State power to make regulations specifying conditions relating to the wages and working conditions of seafarers who work on ships providing the services currently covered by that Act. Those conditions are enforceable in the same way as existing provisions of the Act. Amendment 208 is consequential on new schedule 3. Amendment 207 states the extent of the new chapter to be formed by new clause 48 and new schedule 3, extending it United Kingdom-wide. Amendment 206 is consequential.

New clause 52 inserts into the Merchant Shipping Act 1995 powers for the Secretary of State to make regulations to give effect to the maritime labour convention, adopted on 23 February 2006, to the work in fishing convention, adopted on 14 June 2007, and to future international agreements that relate to the employment of masters and seamen.

Let me turn to the substance. As I said, the maritime labour convention was adopted on 23 February 2006, and the work in fishing convention on 14 June 2007, so the first question is why the then Labour Government did not see fit to introduce provision in legislation in the first place? Will the Minister explain why it is necessary to legislate to give the Secretary of State sweeping powers to

“by regulations make such provision as the Secretary of State considers appropriate for the purpose of giving effect”

to those two conventions? Precisely what regulations are needed?

Will the Minister give the Committee specific examples of the regulations that the Government intend to make under this power, and justify them? I do not think it is good enough for us to be in this position. Notwithstanding the usual comments the Minister makes about not predetermining consultations and about talking to stakeholders at a later point, this is one of those areas where we need concrete examples of where he expects to go.

A key reason for my asking is that article IV of the maritime labour convention, on seafarers’ employment and social rights, states:

“1. Every seafarer has the right to a safe and secure workplace that complies with safety standards.

2. Every seafarer has a right to fair terms of employment.

3. Every seafarer has a right to decent working and living conditions on board ship.

4. Every seafarer has a right to health protection, medical care, welfare measures and other forms of social protection.”

Will the Minister explain which of the rights I just outlined are not already enforceable under United Kingdom law? Is there difficulty with implementing any of the implementation and enforcement responsibilities in article V?

Will the Minister further explain whether any of the provisions of the work in fishing convention are currently unenforceable under United Kingdom law—I seek just one example—and if so, what specific changes would be needed to enforce them? I ask because I do not think that is clear from any of the new clauses, the new schedule or the amendments that we are considering in this group.

New clause 52 also takes sweeping powers for the Secretary of State, who can make regulations that

“may make provision in respect of the checking or monitoring of compliance with any provision of the regulations, including (among other things) provision for—

(a) the making and keeping of records and the keeping of documents;

(b) the issue of certificates;

(c) the furnishing of information.”

What on earth is encompassed by “the furnishing of information”? That seems like a very vague term to be put on to the statute book. To what intrusive or burdensome use is the Secretary of State planning to put this power? Precisely what does the Minister mean by it?

To convince the Committee that these powers are necessary, can the Minister name one occasion on which the Government’s ability to enforce the provisions of the maritime labour convention has been found wanting, and in what respect? If such an example exists, could the Government better target the powers in proposed new section 84B(4) of the Merchant Shipping Act 1995 to actually solve the problem, rather than allow a Government free-for-all?

This is not a trivial matter, as proposed new section 84B(5) allows the Government to

“provide for the detention of a ship in respect of which a contravention of the regulations is suspected to have occurred”.

Will the Minister explain how long such a detention might last? How great an infraction would need to have been committed for a ship to be detained?

As if the Government had not hoarded enough power through this new clause, proposed new section 84B(8) contains the real kicker, stating that regulations may

“make different provision for different purposes”.

Will the Minister explain the limits on this power? That language is far too woolly and loose to be contained in any piece of primary legislation in this country.

I also do not think it is appropriate that regulations to

“make such provision as the Secretary of State considers appropriate for the purpose of giving effect to an international agreement that has been ratified by the United Kingdom, so far as the agreement relates to maritime employment”

should be subject to the negative procedure. The regulations apply to international agreements that have not yet been entered into. Parliament should at least be guaranteed the ability to debate regulations that implementing such agreements. Otherwise, proposed new section 84B(13) is the very definition of a blank cheque.

The Government tabled new clause 52 just in time for debate today; we have been given very little opportunity to scrutinise it. Given the powers it takes for Ministers, I gently suggest that that is discourteous to the House. The least the Minister can do is provide answers to each of the questions I have posed, so that we are able to understand a little better whether the new clause is even necessary and to what use Ministers actually intend to put the powers.

[Sir Ashley Fox]

The maritime labour convention, which was adopted on 23 February 2006, and the work in fishing convention, adopted on 14 June 2007, represent significant international agreements aimed at improving the working conditions and rights of seafarers and those working in the fishing industry. However, despite their adoption many years ago, the provisions in those conventions have not yet been fully legislated for within the UK framework.

One must ask why the previous Labour Government did not introduce this crucial provision into UK law during their time in office. The conventions were in existence long before the current Government came to power, and it is concerning that they were not prioritised earlier. What led to that omission, and why has it taken so long to bring them into the scope of our legislation? Given the importance of these rights, we must understand why it has taken so long for the Government to act on these matters.

New clause 52, which grants the Secretary of State broad and sweeping powers to, by regulations,

“make such provision as the Secretary of State considers appropriate for the purpose of giving effect”

to the maritime labour convention and the work in fishing convention, raises several questions. I would like to understand more about why it is deemed necessary to grant such wide-reaching power to the Secretary of State. Specifically, why does this provision allow for the creation of regulations that give the Secretary of State the authority to determine what should be done without offering a clear, predefined set of actions? It is important to explore whether such overreach is truly necessary and what specific circumstances justify such broad powers.

--- Later in debate ---

[Greg Smith]

This is probably one of the meatier amendments that the official Opposition has tabled—[Interruption.] As bits of the Palace fall down around us, it may be symbolic of the Bill. [Interruption.] I am glad I missed whatever the quip back on that was.

New clause 19 and amendment 116 would require the Secretary of State to consult on the operation of trade union legislation. We have heard a lot during this Committee about the need to consult, but we are missing the crucial bit about consulting on the actual operation of the trade union legislation.

New clause 19 would require the Secretary of State to consult precisely on the operation of the Trade Union and Labour Relations (Consolidation) Act 1992 and the effects of provisions in part 4 of the Bill on that operation. The second limb of new clause 19 is for the Secretary of State to lay before Parliament the outcome of that consultation and the Government’s proposals for changes to the legislation. We would like to ensure that part 4 cannot come into force until that has been done.

Why are new clause 19 and amendment 116 needed? We have seen pages of Government amendments tabled in Committee because the Bill was introduced to the House before it was ready and before the Government had done the necessary policy work to determine what should be in it—all in a rush to meet the arbitrary 100-day deadline rashly proposed by the Deputy Prime Minister. It is not often that I agree with the Prime Minister’s former chief of staff, but there were reports before the election that even she thought that was an unrealistic deadline, and events have proven her correct. It may embarrass the Minister or make him a little awkward every time I raise this point, but that will not stop me from stating the facts.

Part 4 of the Bill is an enormous expansion of the power of trade unions. These measures have not been consulted on and will have an enormous impact on not just businesses, but the efficiency of private and public sector employers, with all the associated costs. There is a strange doublespeak between the Government’s stated aims for the Bill and its likely consequences. The Government’s impact assessment says:

“The objectives of the Bill are to…Improve industrial relations and reducing the number of days lost to strike action by allowing working people to organise collectively through trade unions and improving the legislative framework in which they operate.”

How can the Government believe that the Bill will reduce the days lost to strike action when part 4 specifically takes measures to make strike action easier? For example, it makes it easier for unions to be recognised by removing the requirement for a union to demonstrate that the proposed bargaining unit is 10% of its membership on application to the Central Arbitration Committee and replaces it with references to the “required percentage test”, which will surely make strike action more likely. Part 4 also requires the Central Arbitration Committee to declare a trade union as recognised for collective bargaining purposes where the result of the ballot shows that a majority of those voting were in favour of union recognition. The additional requirement for the union to have at least 40% support in the bargaining unit has been deleted. That is why this consultation needs to be laid before part 4 can come into force.

We then come to the changes to ballot thresholds, which seem specifically designed to make it more, not less, likely that more days will be lost to industrial action.

[Sir Ashley Fox]

Surely not.

[Greg Smith]

From a sedentary position, my hon. Friend makes a very good point. The Bill removes the requirement for at least 50% of trade union members entitled to vote to do so for an industrial action ballot to be valid. It also removes the requirement for trade unions in important public services to obtain the support of at least 40% of members entitled to vote in the ballot for industrial action to be successful and replaces that with a simple majority of those voting, with no requirements for any level of turnout. Can the Minister explain how that will make industrial action less likely?

Surely making it easier for trade unions to gain a mandate for strike action by removing sensible thresholds imposed by the previous Conservative Government will make strike action more likely, which is contrary to the Government’s stated aims for the Bill. That is why it is so important for the consultation in new clause 19 to be laid before the House. That contradiction between the Government’s stated intentions for part 4 and the result of the Bill, which is likely to be the opposite, is the first reason we believe the Government need to enact a proper consultation to prove that the Bill will work, which they should have done before introducing the Bill in the first place.