Finance Bill

Chris Evans Excerpts

Tuesday 1st July 2014 Commons Chamber

[Catherine McKinnell]

I thank my hon. Friend for that intervention as it takes me neatly to my next point, which is the issue of tax avoidance. Several people share our concern that the employee rights scheme is potentially vulnerable to significant abuse. I raised that concern during consideration of last year’s Finance Bill, when we tabled an amendment calling on the Government to review the impact of this scheme on tax avoidance activity. That helpful amendment was not accepted by the Government, but I hope that this year—knowing that the Government profess to be keen to clamp down on all forms of tax avoidance—they will accept the need to have the right information available to prove that this policy will not create just another massive loophole.

Buried in the annexes to the OBR’s policy costing document from December 2012 was an admission that the cost of the scheme could rise to £1 billion by 2018—depending on take-up, obviously, and we are looking forward to the figures for that. A quarter of that cost was specifically attributed to tax avoidance—or tax planning, as it is termed in the report. In certifying the figures, the OBR stated that

“there are a number of uncertainties in this costing. The static cost is uncertain in part because of a lack of information about the current Capital Gains Tax arising from gains on shares through their employer. The behavioural element of the costing is also uncertain for two reasons. First, it is difficult to estimate how quickly the relief will be taken up; this could make a significant difference as the cost is expected to rise towards £1 billion beyond the end of the forecast horizon. Second, it is hard to predict how quickly the increased scope for tax planning will be exploited; again this could be quantitatively significant as a quarter of the costing already arises from tax planning.”

Perhaps the director of the Institute for Fiscal Studies, Paul Johnson, characterised the issue best when he wrote, in a Financial Times article aptly entitled, “Shares for rights will foster tax avoidance”:

“There may be a case for more flexible approaches to employment legislation. But as a tax policy, ‘shares for rights’ always looks pretty questionable. At a time of increasing scrutiny of tax avoidance schemes, it has all the hallmarks of another avoidance opportunity. So, just as concern over tax avoidance is at its highest in living memory, just as government ministers are falling over themselves to condemn such behaviour, the same government is trumpeting a new tax policy that looks like it will foster a whole new avoidance industry. Its own fiscal watchdog seems to suggest that the policy could cost a staggering £1bn a year, and that a large portion of that could arise from ‘tax planning’.”

It is bad enough that the policy is unnecessary, divisive, damaging and counter-productive. Those of us on the Opposition Benches pretty much all agree on that, and I have not heard any voices from the Government Benches argue the opposite. I look forward to the Minister’s contribution, once he has managed to find that article that is, apparently, supportive of the scheme. The fact that the scheme could cost the Exchequer up to £1 billion, and that one quarter of that cost could arise from tax avoidance, simply beggars belief. The Minister has previously stated that there are sufficient anti-avoidance provisions to mitigate such activities, but what are the Government actually doing to monitor capital gains receipts and reliefs, and ensure we have evidence of avoidance?

Recent reports from the National Audit Office and the Public Accounts Committee have been highly critical of the Government’s continued creation of complexities and loopholes that open the door to more tax avoidance. If Ministers fail to monitor such avoidance activity properly, I fear that this will be just one more tax relief to add to the 948 on the NAO’s list of unmonitored tax expenditures, to use the Treasury’s own phraseology. Considering that the scheme came into being last September, can the Minister produce any more up-to-date estimates, based on Treasury data, to build on the OBR’s original forecast? If he is not able to do that today, hon. Members will want to vote for new clause 11 to ensure that that information is available to the House, that monitoring is taking place and that we can all see the potential implications of the Government proposal.

The Chancellor’s flagship shares for rights scheme has been rejected by businesses. It may have opened up a tax loophole that, according to the OBR, will cost the Exchequer £1 billion. For what gain? That is what people are asking. That is what the Government need to demonstrate in their response today, or certainly in the report that we are calling for. We have said that we will reverse the shares for rights scheme and use the money to contribute to the repeal of the bedroom tax. The bedroom tax is a cost-inefficient policy and we would like to see it reversed. We want the money saved from the damaging shares for rights scheme to be used to ensure that that can be achieved without any extra borrowing. We have urged the Government to abandon their ill-thought-through shares for rights policy, which the director of the IFS aptly described as having all the hallmarks of another tax avoidance opportunity, never mind the former Conservative employment Minister, Lord Forsyth, accusing it of having the trappings of something thought up in the bath. So far, Ministers have failed to listen; or at least, they may be listening but they are not hearing.

We have tabled new clause 11 to try to provide much-needed clarity. Officials and Ministers dismiss out of hand as unrepresentative take-up figures disclosed in FOI requests. OBR forecasts are dismissed as not taking account of all the facts. Indeed, the Government’s own measures are dismissed as being unreliable or uncertain. Why will Ministers not step up to the mark and disclose exactly how many employees have signed up to employee shareholder contracts and have been awarded the £2,000 in return for shares? Why will Ministers not disclose the value of shares that have been issued under the shares for rights scheme to date? Instead of labelling Opposition amendments as unnecessary and as an administrative burden, which I anticipate the Minister will, why will the Minister not instead today tell us exactly how much the scheme is costing the Exchequer as a result of the capital gains tax exemptions? How much of that cost is as a result of tax planning arrangements; people capitalising on a poorly thought through policy that could quite easily act as a tax avoidance mechanism, rather than the great stimulus to entrepreneurship and employment that the Government claimed it would achieve?

It is bad enough that this divisive policy totally undermines the concept of employee ownership and workplace rights, not to mention the potential millions lost in tax avoidance activity; but worst of all, Ministers are plainly refusing to disclose the information that would enable Members properly to assess and scrutinise what the scheme has done to achieve the Chancellor’s clearly stated aim of helping businesses to recruit more people.

For all those reasons and given the concerns set out by my hon. Friends, I urge hon. Members to support our new clause 11, so that we can get the facts straight on shares for rights.

[Chris Evans (Islwyn) (Lab/Co-op)]

Before the soothsayers and the sketch writers say again that Labour is anti-something or other, I want to make something quite clear. [Interruption.] The sketch writer is in the Gallery, although perhaps I am being a little arrogant to think that anyone would want to report on one of my speeches. Before the press releases go out from Tory central office saying that Labour is anti-share save schemes all of a sudden, I want to make it clear that this party has always been in favour of shares to reward people for the work they do.

The best and most successful companies offer shares to their most successful employees. Indeed, I would like to draw the Minister’s attention to how successful a share save scheme can be by using the example—a Welsh example—of Admiral Insurance. In March 2013, it recorded a 15% increase in profits. In all, 6,500 members of staff at the Cardiff-based Admiral Group will get £3,000 in an employee share save scheme. Alastair Lyons, the chair, said at the time:

“I want to thank everyone who has helped us to create such a robust business”

in the past 20 years. People are more productive, happier and more contented when they are valued and, above all, when they feel valued. That is why the Admiral Group of companies are among the top 100 best places in the UK to work, which I am sure did not come about by trading in employee rights for shares.

Sometimes it seems that this Government are so intent on presenting some sort of radical, compassionate conservatism that they fumble around for an idea, before coming back to ideas that have failed time and again. Very often, it seems that this Government, like previous Tory-led Administrations, are fearful of employment rights, and I am not the only one saying that. According to even the independent Office for Budget Responsibility—if I may digress, Madam Deputy Speaker, the Government are resisting requiring that very body to audit all parties’ manifestos at the next general election—the flagship shares for rights scheme has been rejected by businesses, opened up a tax loophole and will lead to £1 billion being lost by the Exchequer. In the face of such criticism, it seems eminently sensible to support our amendment for it would compel the Treasury to report on the take-up of shares for rights, collect data on the scheme and publish further reports on shares for rights every year.

[James Duddridge]

Is there not a contradiction between the argument that the scheme will lose billions and saying that it is being taken up by nobody?

[Chris Evans]

I have the utmost respect for the hon. Gentleman, but he should allow me to develop the argument a bit further. As he knows very well, this is a Finance Bill, and the Opposition cannot move any amendments that relate to spending. A report is the only thing we can propose, and it would be eminently sensible. If we had the data, we would know what the uptake was. I would argue that the Government have to abandon their ill thought out “shares for rights” policy, which even the director of the Institute for Fiscal Studies described as having

“all the hallmarks of another avoidance opportunity”.

My hon. Friend the Member for Newcastle upon Tyne North (Catherine McKinnell) alluded to the Conservative employment Minister Lord Forsyth who described it as having

“the trappings of something that was thought up in the bath”—

by the Government on their own, I hope, although we don’t know with Tory sleaze! It is bad enough that this divisive policy undermines the concept of employee ownership and workers’ rights, but it could also cost the Exchequer up to £1 billion, a quarter of that arising from tax planning activity—the very tax planning activity that the Chancellor said he had clamped down on since he took office.

Fundamentally, the problem that employees have faced over the last 40 years with the end of heavy industry—it is a problem that comes with Governments of all stripes—is that most feel insecure in their jobs anyway. People do not have a job for life any more; they move around seven or eight types of jobs, but slashing employment rights at work is wrong in principle. It will not help create jobs and growth. It seems to me that this is a policy made up on the fly.

If anybody wants to know how ill-conceived this policy is, they need only look at some statistics. The scheme has not won the support of the business community. A 33-week consultation on the scheme—two thirds of the year, or nine months—had more than 200 responses. Of those, only five businesses said they would be interested in taking up the scheme.

I sometimes think I admire the Chancellor. He is an economist—of the highest rank, I have no doubt—but I wish he were here to explain how he came up with the line:

“Owners, workers and the taxman are all in it together”.

Where was the sense in that? It is just not fully worked out. Has he not asked the employer? If an employer has a bad employee, why would he want to give them shares and make them owners of the company? That does not make sense to me. The employee would then have voting rights over what the employer wanted to do. Why would an employee want shares in a company that had just dismissed him? It should be easier to hire than fire.

We need tax breaks for small businesses so that they can hire extra employees rather than throw away their employment rights. As a proud Labour and Co-op MP, I support employee ownership, but coupling it with slashing employment rights is contradictory and counter-productive. As the Employee Ownership Association has pointed out, boosting employee ownership

“does not require a dilution of rights”.

Even a city on the hill, the United States of America, where employee rights are certainly not in fashion, has criticised the scheme. The proposal reflects the “fire at will” recommendations of the controversial Beecroft report, authored by the Prime Minister’s employment tsar and Tory donor, Adrian Beecroft. Mr Beecroft admitted to MPs that his proposals were based not on any statistical or empirical evidence but on a “valid sample of people”. Who has he spoken to? No doubt the same Tories who have problems with the employment rights of anybody anywhere.

The scheme could also present considerable costs to business and create new administrative burdens. I believe that people are already being deterred from taking up the scheme. Alan Higham told The Guardian:

“I worry it would create suspicion among employees that I might sack them unfairly. Employees wouldn’t easily be able to see the value in the shares today…If I employ 10 staff and decided to give them £2,000 each of shares, then I would need to spend £10,000 in getting a professional valuation done. Under current tax rules I would also have paid them £2,000 each to change their contract, on which PAYE and national insurance would be charged. As this is a gift I would also have to pay tax on this. On this basis it could cost me £10,000 and a further £9,400 to give away £20,000 of shares. There will probably also be some sort of ongoing admin and HMRC compliance to do, which will also cost.”

Fundamental questions must be asked about this entire scheme. If the company goes bankrupt—if the employer is so bad that he runs his company into the ground—does the employee he has just sacked become responsible for any of the company’s losses? If the employee has shares in the company, of course he will.

Ministers are seeking to introduce this scheme without proper consultation and discussion. They have proceeded in a shambolic and chaotic way. That is reflected by the fact that the Second Reading of the Bill that became the Growth and Infrastructure Act 2013 took place before the consultation had closed.

Given that £10,600 of capital gains tax is already exempt, exemption from CGT in the scheme is only likely to benefit employee shareholders in a small minority of companies which achieve unusually high growth. There is also concern about the full cost of the scheme. Ministers originally claimed that it would be £100 in 2017-18, but according to the Office for Budget Responsibility’s contribution to the Treasury’s policy costing document, which was released along with the 2012 autumn statement 2012,

“the cost is expected to rise towards £1 billion”,

and the OBR concluded that

“uncertainties are around assumptions on take up rates, the average value of shares that are entered into the scheme, the extent of tax planning and the timing of disposals.”

What really concerns me is that a person could throw away all his employment rights in return for shares that could already be tumbling. There is no win-win situation for such people.

According to the Office for Budget Responsibility, a quarter of that £1 billion additional cost—£250 million—is expected to arise from tax avoidance as a result of the scheme. A Government who have been obsessive about tax avoidance seem to be creating another vehicle for people to avoid taxation. Following the publication of the Government’s response to the consultation scheme, a Government source was quoted as saying:

“The proposals are on life support.”

However, Ministers went ahead with them. I wonder whether this Minister knows who that person was, and whether he can enlighten us.

It seems to me that the scheme is unworkable. When “shares for rights” were discussed during the Committee stage of the Growth and Infrastructure Bill, the Minister of State, Department for Business, Innovation and Skills, the right hon. Member for Sevenoaks (Michael Fallon), admitted that employees taking part in the scheme could be liable to pay income tax and national insurance on any shares received from employers over and above £2,000. That would impose a significant up-front cost on employees.

It is feared that there are other ways in which the scheme could have an adverse impact on employees. For example, will jobs be advertised as available only with employee shareholder status? In practice, will employers be able to impose the scheme on individual employees or groups of employees? What safeguards will there be to ensure that the scheme is voluntary for existing employees, as Ministers claim that it will be?

On behalf of the members of the Employee Ownership Association, chief executive lain Hasdell sent an open letter to the Under-Secretary of State for Business, Innovation and Skills, the hon. Member for East Dunbartonshire (Jo Swinson), who is responsible for employment relations, consumer and postal affairs, expressing concern about recent developments in the Government’s approach to growing the number of employee owners in the economy. He said:

“'Our Members have three main concerns on this matter.

Firstly, proposed legislation has appeared in a Bill before the Government consultation on the possibility of deploying this model of employee ownership has finished. Indeed it has only just started.

Secondly, our Members are very aware that there is no need to reduce the rights of workers in order to grow employee ownership and no data to suggest that doing so would significantly boost the number of employee owners. Indeed all of the evidence is that employee ownership in the UK is growing and the businesses concerned thriving, because they enhance not dilute the working conditions and entitlements of employee owners.”

In that context, I remind the House of what I said about Admiral Insurance in Cardiff at the beginning of my speech. Iain Hasdell continued:

“Thirdly, the appearance of this measure in the Growth and Infrastructure Bill appears to our Members to be completely disconnected to the recommendations in the Nuttall Review. That Review contained a series of recommendations on how to grow employee ownership and none of those recommendations suggested the dilution of worker rights.”

I am not the only person who is saying these things, and that is why I believe that we should have a report. The criticism of this measure has been immense, from the business community and employment organisations to trade unions—some Members on the Government Benches will probably think I have sworn there. The Employee Ownership Association says:

“whilst growing employee ownership should be part of the UK’s Industrial Policy, such growth does not require a dilution of the rights and working conditions of employees.”

Brendan Barber, TUC general secretary, said:

“We deplore any attack on maternity provision or protection against unfair dismissal, but these complex proposals do not look as if they will have very much impact, as few small businesses will want to tie themselves up in the tangle of red tape necessary to trigger these exemptions.”

There, in a nutshell, is the problem: there is low take-up; it is very complicated; people are not interested. As my hon. Friend the Member for Newcastle upon Tyne North said, we see maternity provision, a hard-fought right that many people argued and fought for and in some cases gave their lives for, being given up for the whim of a few shares in a company that could be either taken over or finished in a couple of years.

Mike Emmett, employee relations adviser at the Chartered Institute of Personnel and Development, says:

“The UK has one of the least regulated labour markets in the world and there is little evidence to suggest that employment regulation is preventing small businesses from taking people on. In fact, according to the Government’s own research, unfair dismissal doesn’t even figure in the list of top ten regulations discouraging them from recruiting staff. Employees have little to gain by substituting their fundamental rights for uncertain financial gain and employers have little to gain by creating a two tier labour market.”

[Geraint Davies (Swansea West) (Lab/Co-op)]

My hon. Friend is making a very eloquent and provocative speech. Does he agree with me that it is intrinsically wrong for someone to sell their rights, just as it would be intrinsically wrong of me to sell myself into slavery? Is this not going down that absurd and immoral path?

[Chris Evans]

I do not know how much my hon. Friend thinks he would get if he sold himself into slavery—[Interruption.]

[Mr Speaker]

Order. Thankfully, that matter would be out of order to discuss. Therefore, any embarrassment that the hon. Member for Swansea West (Geraint Davies) might feel is spared.

[Chris Evans]

Thank you for that interjection, Mr Speaker, and I am sorry that I treated such a serious topic as slavery in a light-hearted manner.

I agree with my hon. Friend: these are hard-fought employment rights. I do not want to hark back to the past, but although the Conservatives like to say theirs is a progressive party, every piece of social legislation in this country, from votes for women to increased maternity and paternity rights to the minimum wage and even the state pension, has been brought about by Labour and by people having to fight for them. To me, it seems frivolous for those rights to be given away. As a former trade union official working in financial services, I do not believe that people were deterred from employing staff because of the rights they had. Maternity rights are accepted across the board. If someone goes on maternity leave, people believe they have that right, and it is shocking that the Government think this can be sold off for 30 pieces of silver.

John Cridland, director general of the CBI, said:

“I think this is a niche idea and not relevant to all businesses,”

again backing up my argument that this is policy made on the fly. It has not been thought out. It seems to me that the share schemes and share save schemes work very well without people having to trade their employment rights. Employers who have introduced a share save scheme or given shares to their employees do so as a reward for good business practices, not to buy off potentially bad employees.

There is a little thing that we should learn in this House: it is called trust. If an employer asks me to sell my rights, I will straight away be suspicious; I will always work hard, but I will not be industrious in the way I should, and I am going to ask myself questions such as, “Is there a question mark over my competence if he is willing to trade my hard-fought employment rights for shares in his company?”

[Stephen Lloyd (Eastbourne) (LD)]

I have sympathy with some of the Labour party’s concerns on this issue, but having listened for an hour or so one thing occurs to me. Does the hon. Gentleman agree that no employee will be forced to do this—they will voluntarily choose to do so or not? That is important.

[Chris Evans]

The hon. Gentleman is taking a very liberal position, but I refer again to the evidence given during the Committee stage of the Bill that became the Growth and Infrastructure Act 2013, which introduced the measure. It was said there that employees who took up the scheme would have to pay income tax and national insurance on any share received from employers over and above £2,000. The scheme would impose significant up-front costs, so I do not know whether it would be so voluntary. I have criticised Adrian Beecroft about his anecdotal evidence, but I wonder what would really happen in the workplace. We know of so many tribunal cases where people have been harassed or been under severe strain from an employer and then gone on long-term sick leave. What is to prevent the employer from forcing them to sell those rights?

[Catherine McKinnell]

My hon. Friend raises an important point, but the intervention by the hon. Member for Eastbourne (Stephen Lloyd) does not take account of the fact that many employees are in a very vulnerable position with their employers. If they are approached by their employer to take this up and they turn it down, what happens? What situation are they left in? There are an awful lot of question marks over how the scheme works in practice and where the equality of arms is for the employees potentially affected by the scheme.

[Chris Evans]

My hon. Friend advances the argument eloquently. We debate these issues and talk about employment rights, but if someone is in a poor workplace, is struggling to pay the rent or the mortgage and the bills, and faces a severe threat that they might lose their job, they might be forced into doing this. In many non-unionised businesses there will be nobody to police this, so those people might be forced into it. She powerfully made the point about how women, in particular, are in that type of situation.

I should have made my next point before the hon. Member for Eastbourne (Stephen Lloyd) intervened on me, but I will do so now. Paul Callaghan, partner in the employment team at Taylor Wessing, has said:

“Osborne is potentially forcing all new employees to waive the main employment rights including unfair dismissal and redundancy rights in exchange for £2,000 of shares. This makes Adrian Beecroft’s fire at will proposals look moderate.

From April it may become the norm for job offers to require this waiver which will also involve the loss of flexible working rights and stricter maternity rights. This is likely to have a disproportionate effect on women.”

Henry Stewart, founder and chief executive of the training company Happy Ltd, has said:

“I welcome anything which makes it cheaper and simpler to give employees shares, but coupling it with taking away employment rights is ridiculous. If as an employer you have a problem with unfair dismissals, you need to improve management—that’s what the government should be giving incentives for. I don't think it's been thought through.”

In a nutshell that sums up what I think of this proposal. Bad employers who are afraid of unfair dismissal cases, reprisals, recrimination and grievances from employees should think about how they are managing their staff and look hard at their human resources department.

Corey Rosen, founder of the National Centre for Employee Ownership, one of the world’s leading groups promoting share ownership, has said:

“There is a lot of employee ownership in our country, but not one of these employees and not one of these plans asks employees to give up any employment rights to get any of the various tax benefits associated with employee ownership.”

That is a voice from the United States, not somewhere known for being particularly friendly to those in trade unions or on employment rights.

Simon Caulkin, writer on management and business, has said:

“In effect, Osborne's cobbled-together scheme is a back-door re-run of the agenda of…Beecroft”.

Rebecca Briam, partner at Gannons Solicitors, said:

“It is unlikely to get off the ground.”

With only five businesses out of 200 wanting to take up the scheme, I think she is right. She goes on to say:

“The proposals will be unpopular with employees because the chances of benefitting are so slim.”

She said that it was

“unpopular with employers, especially privately controlled companies, because of the risks imposed to the share structure. Far from saving on payroll expenses, the total costs for an employer may well increase.”

Manufacturers’ organisation EEF said:

“Our members have indicated they would not implement the new status.”

The Federation of Small Businesses said:

“The scheme is unlikely to be appropriate for many small businesses.”

The Chartered Institute of Personnel and Development said:

“There is very little evidence as to why this policy is needed or what impact it will have.”

Such views support the new clause that is before us.

Earlier, I talked about the vehicles that are created for the purpose of tax avoidance. Matthew Findley, partner at law firm Pinsent Masons, addressed that matter quite eloquently. He noted that the income tax positions of those receiving the shares is still unclear:

“There is nothing in what the Government has said so far that would stop senior executives or substantial shareholders from participating in the arrangement. This may mean that an opportunity still exists for such individuals, even if they may be viewed by some as the ‘wrong’ people politically to benefit.”

Paul Johnson from the Institute for Fiscal Studies talked about the potential for tax avoidance as the scheme

“prepares to put another billion pound lollipop on the table.”

He says:

“Just as Government Ministers are falling over themselves to condemn such behaviour, that same Government is trumpeting a new tax policy which looks like it will foster a whole new avoidance industry.”

An avoidance industry is something of which a Government who want to create jobs cannot be proud.

I support new clause 11. As there has been such a low take-up of the scheme—only five in 200 companies have said that they would consider it—a report needs to be produced. Numerous commentators from the business community have expressed the fear that a new tax avoidance scheme is being set up, which suggests that this is a pertinent and sensible new clause, and I urge the Government to accept it.

[Richard Fuller]

I am pleased to follow the hon. Member for Islwyn (Chris Evans), who spoke with great authority, drawing as he did on his experiences as a trade union official before he was a Member of Parliament. I will, if I may, draw on some of my own experiences of working with small businesses. In that regard, I draw Members’ attention to my entry in the Register of Members’ Interests.

I apologise to the hon. Member for Newcastle upon Tyne North (Catherine McKinnell) for missing the beginning of her comments. I thought that she spoke persuasively and eloquently about some of the issues and about the policy that the Government have introduced. She had me persuaded all the way, until she referred to the spare room subsidy as a tax. It is just not a tax, and it is such a shame when bad slogans happen to good people because all the persuasion power of their speeches is lost. The rest of her speech raised some important points.

We should put the new clause into context. The Government have an extraordinary long-term economic plan that is delivering improvements to the economic lives of my constituents in Bedford and Kempston. It impacts on their ability to find work and get into work. It also raises their average weekly earnings, which is a major concern for many people. It is good to see the plan starting to bear fruit.

Perhaps now is not a good time for an ordinary Tory Back-Bench Member to criticise the Government, but if my hon. Friend the Minister will forgive me, I will do so. We are looking here at a policy in search of a problem; we are not really looking at something that will have a dramatic impact on the well-being of our businesses or our employees. I am open to being persuaded by the Minister. He usually persuades me and I am sure that he will do so today, but perhaps I could go through some of my experiences from when I was in business relating to two parts of our debate.

On the one hand, we have employee and workers’ rights and, on the other, we have employee shareholdings. The approach seems to be to conflate those two issues into one policy and I am not sure whether that will ultimately prove to be wise. In my experience as an employer, although employees’ issues in employment sometimes concerned the extent of employee rights, red tape and regulation often led to far more concerns about the impact of government on the business. In addition, the problem was not necessarily the rights per se but the complexity of the regulations. For a small business, just understanding the regulations to comply with them causes problems. I am not sure that the problem was specifically the rights that were given to employees. Is the objective in this case to reduce the complexity of regulation for businesses through the use of the combination of employee shareholdings, or is there some other objective?

The hon. Member for Islwyn mentioned some of the issues when companies give shares to employees. For a large part of my life, I have worked with technology businesses and the provision of shares was a norm for business. It was a way in which many companies could afford to start, to grow and to prosper. In those circumstances, people were given shares not because of their employee rights but as an incentive either to reward effort or to encourage effort to promote the success of the company. It was also a matter of the trade-off of rewards. Many small companies did not want to use the cash they got from investors to pay high or market rates to their employees and wished to defer that by providing people with the opportunity to have shares to share in the ultimate long-term success of the business. That is a tremendously powerful model for many sectors, not just the technology sector but other sectors of our economy, in that people are willing to trade off immediate returns for long-term rewards.

When we consider other ways to think about compensation, which will, I think, be a growing issue over the next five years, we must consider how to encourage people to defer some of their compensation until later in their lives. I can understand how the promotion of employee shareholding helps with short and long-term rewards, but my concern is that combining that with employee rights means that clarity might be lost. Rather than being given a positive impression about why we are encouraging employees to become shareholders, people will instead ask whether there is a catch. It should be absolutely clear that there is no catch when people are being offered shares. This is clearly an issue of deferring compensation from period x to period y.

I am concerned that, as I have said, this is perhaps a policy in search of a problem. As with so much that Government do, we will see unintended consequences. If the new clause is targeted at small businesses, we must remember that the Government have other options at their disposal. Just a week or two ago, the Centre for Policy Studies produced some very positive policies about abolishing corporation tax for very small businesses and abolishing capital gains tax for investors. To my mind, that would have more of an impact on encouraging more entrepreneurial businesses. We have recently seen news about the merger of national insurance and income tax, which would alleviate some of the burdens and complexity for business in managing employees.

--- Later in debate ---

[Mike Kane]

It is a delight to follow the hon. Member for Bedford (Richard Fuller), who spoke with such authority about his work now and previously with small businesses. It was a pleasure to serve with him on the Finance Bill Committee, where generally he spoke loyally from the Government Benches on his party’s agenda, even though he disagrees slightly with the policy before the House now. It is also a pleasure to follow my hon. Friend the Member for Islwyn (Chris Evans), who spoke articulately and ably, using his experience as a former trade union official.

I believe that shares for rights as it has been proposed lacks common human dignity. We know that the main purpose of Government is to protect individuals, communities and their property from exploitation and harm; Government must also provide a stable economic, social and legal framework for businesses and economies to thrive. The proposal does not do that. As I mentioned earlier, Lord O’Donnell described shares for rights as a form of modern-day slavery. It creates a two-tier market and a two-tier work force—one part having sold its rights and the other retaining them. I think that that is wrong for our economy.

The policy was announced with great fanfare in 2013, but the shares for rights scheme cannot be described as anything other than a massive flop. It is also proving to be another bone of contention in our fractured coalition. The Under-Secretary of State for Business, Innovation and Skills, the hon. Member for East Dunbartonshire (Jo Swinson), and the Secretary of State are nowhere to be seen near the proposal. The real problem, though, as the Chancellor has found, is that it has been impossible to get employer organisations to back the scheme. As my hon. Friend the Member for Newcastle upon Tyne North (Catherine McKinnell) said, according to the most recent information we have—hopefully, the Minister will update us—there were 19 expressions of interest by December last year. The Office for Budget Responsibility says it could be used as a tax dodge, costing us—the Treasury—nearly £1 billion a year. In this age of austerity, that is the last type of policy we need to be introducing.

Ministers seek to introduce the scheme without proper discussion, and without proper consultation, as my hon. Friend the Member for Islwyn said, and have proceeded in what can only be described as a very chaotic way. Following the publication of the details of the scheme, a Government source was quoted as saying that the scheme was on “life support”, but Ministers still went ahead. As was mentioned earlier, John Cridland, director-general of the CBI, said that this was a niche idea that businesses really do not want. There is unanimity among people who really care about employers and their rights and those Opposition Members who believe that employees should also be shareholders and work hard in their small and medium-sized enterprises, where most employees now reside.

[Chris Evans]

Does my hon. Friend think it is just a coincidence that the vast majority of the FTSE 100 companies also find themselves in the list of the top 100 best places to work in the UK, and they have not rolled back employment rights in any way and have successful share save schemes, as I mentioned earlier?