Deregulation Bill Debate

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Department: Cabinet Office

Deregulation Bill

David Rutley Excerpts
Monday 3rd February 2014

(10 years, 2 months ago)

Commons Chamber
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Oliver Letwin Portrait Mr Letwin
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I will give way to both my hon. Friends, but then if the House will forgive me, I will make some progress.

David Rutley Portrait David Rutley
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The hon. Member for Bassetlaw (John Mann) likes mountains, so I think that that might be the way to get this concept through to him. We are talking about mountains of red tape in Europe. I remind Members that 70% of the cost of regulation on UK businesses comes from EU regulations. The list the Minister refers to is more than 8,000 metres high—it is the Everest of regulation—and it needs to be combated urgently which is, I think, what he is trying to do.

Oliver Letwin Portrait Mr Letwin
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My hon. Friend is quite right. Leaving aside the badinage induced by Opposition Members, the serious point is that even before the renegotiation, the Government have made an extremely serious attempt at deregulation in the EU, working with British business to identify the most important things—I will send a list of them to the hon. Member for Bassetlaw (John Mann), too, because I doubt he has taken the trouble to read what has already been widely published—but that is an arduous undertaking. By contrast, the Bill deals with those things that we can manage under our control in this House, and we should do so right away.

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David Rutley Portrait David Rutley (Macclesfield) (Con)
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I rise to give my full support to the Bill, which represents another important clear-out of unnecessary barriers to economic growth and will help to clear a path to the creation of more jobs. It also tackles the worrying “something must be done” culture of believing in legislation as the cure to all problems. Too often, legislation and heavy-handed regulation makes things worse, not better.

We need more first-time entrepreneurs to step forward without being put off by the fog of regulation, and we need more such people to take another step by becoming first-time employers. I therefore welcome provisions in the Bill to simplify apprenticeships, just as I welcomed measures in the Finance Act 2013 to reduce the burden of employer’s national insurance contributions— the jobs tax—which the Labour party has sought to increase.

We need not only first-time entrepreneurs and first-time employers, but first-time exporters. We must continue to help more first-time home owners within our property-holding democracy, so I welcome clause 21, which will reduce barriers to the right to buy—[Interruption.] The receipts will be used to build more social housing, as my hon. Friend the Member for North West Leicestershire (Andrew Bridgen) has indicated from a sedentary position.

By pulling down barriers to action, we are sending the clear message that Britain is open to people giving it a try, realising dreams and achieving ambitions, regardless of whether they are the first in their family ever to do so. We are saying that there is hope and opportunity. As the Prime Minister said to the Federation of Small Businesses at its conference last week, there are areas where the Government need to

“get out of the way of small business success.”

That means introducing a programme of ongoing tax reductions, continuing to drive down the barriers of regulation and letting businesses steer their own course to success. The new employment allowance is a rebate of £2,000 on the national insurance contributions of every business in the country.

Richard Fuller Portrait Richard Fuller (Bedford) (Con)
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We cut Labour’s jobs tax.

David Rutley Portrait David Rutley
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Absolutely.

The duty to pay employer’s national insurance contributions for people under 21 will be abolished completely. Last year’s autumn statement included a cap on the increase in business rates and a rolling programme of small business rate relief that will enable a £1,000 reduction in business rates for shops and retail premises, which will help to safeguard our high streets.

The Bill is an integral part of the Government’s long-term approach on deregulation. As the Minister said, the red tape challenge has highlighted just how much regulation there is and demonstrated the Government’s willingness—their desire even—to drain the swamp of existing regulation. The Minister kindly referred to that as a lake, but I think that it is more of a swamp.

Julian Smith Portrait Julian Smith
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I fully support my hon. Friend’s comments. Does he agree that the Minister for Government Policy, the Minister for the Cabinet Office and several other Government Members have worked hard for many years on this specialist subject to ensure that we reduce regulation on business?

David Rutley Portrait David Rutley
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I agree with my hon. Friend completely. There has been great determination not only to reduce the deficit, but to build a plan for growth. Deregulation is a fundamental part of that plan, so I praise the work of the Minister for Government Policy and other Ministers who have made invaluable contributions.

The Government have turned their attention to not only the stock of regulations, but the flow of new regulations—the river that is running into the swamp that we are looking to drain. Their progress has been so good that their one in, one out approach has become a one in, two out rule. Ministers must remove twice the cost of any new regulation that they introduce. As we heard from my hon. Friend the Member for Hertford and Stortford (Mr Prisk), who also made an invaluable contribution in this area as a Minister, that is a culture change that will keep us on the path to more jobs and increased growth.

I welcome the fact that hundreds of regulations have been improved, modified or removed by the Government, and that they are being more ambitious still in the Bill by aiming to improve or sweep away thousands more. As the Prime Minister said, this will be

“the first government in modern history that at the end of its parliamentary term has less regulation in place than there was at the beginning.”

That must be an important priority. With the eurozone in a sluggish period of economic growth and an in/out referendum on the cards in the UK following a Conservative victory at the next election, the Bill will hopefully not only help the UK to tackle its own challenges, but provide the impetus for serious deregulatory reform in Europe.

Lord Mann Portrait John Mann
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As co-chair of the all-party group on mountaineering, what is the hon. Gentleman’s view of how clause 1 will apply to mountain guides and those who take people climbing? As he well knows, all mountain guides in this country are self-employed, even though many of them work within organisations and agencies such as the Plas y Brenin centre in north Wales. How will removing the general health and safety responsibility from self-employed mountain guides affect health and safety in that industry?

David Rutley Portrait David Rutley
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The hon. Gentleman makes an interesting point, and I am sure that he and I will wish to debate it outside the Chamber—

David Rutley Portrait David Rutley
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I will try to respond to that point before I hand over to the Minister. Surely the purpose of clause 1 is to ensure that those who are self-employed in industries in which there is no risk to the lives of others can get on with their work. I do not know the exact details regarding mountain guides, so I will hand over to the Minister, who I am sure will give a much better-informed answer.

Oliver Letwin Portrait Mr Letwin
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I am grateful to my hon. Friend for giving way because this is a beautiful illustration of the problem. Mountaineering, like many such activities, is covered by the Adventure Activities Licensing Authority, so those who are self-employed in that terrain are already regulated. The hon. Member for Bassetlaw (John Mann) illustrates beautifully the kind of problem that arises owing to multiple duplications of regulation. There are clear reasons why health and safety regulations apply in certain dangerous disciplines, but not when they are already regulated.

David Rutley Portrait David Rutley
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I thank the Minister for that reply. I am sure that the hon. Member—and friend—for Bassetlaw (John Mann) and I will enjoy further conversations about that subject outside the Chamber.

The Bill will help to provide further impetus for change in not only the UK, but Europe. Fortunately, there is increasing evidence that, in contrast to the abject failure of the French socialist approach under President Hollande, the UK’s plan A can only help to bolster the pragmatic supply-side reform movement that has been spurred on by the Government and by the Prime Minister’s business taskforce. It has already been embodied by Open Europe and the Fresh Start group, which I and other Government Members support. Indeed, I was honoured to help to host a round-table discussion on better regulation only last month with delegates from across the EU. The Bill will do a good deal to deregulate in the UK, but if we are also to increase the EU’s competitiveness, we need to spread the lessons of our approach across the European economy.

Julian Smith Portrait Julian Smith
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I think that my hon. Friend was on the trip to Brussels when we asked the Commission whether it had removed any regulatory burdens from small businesses. The lady we were speaking to looked absolutely startled and could not remember any rule that ever been removed from business.

David Rutley Portrait David Rutley
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My hon. Friend makes an important point that further highlights something I said earlier: 72% of the cost of all regulation—that is tens of billions of pounds—that has been put on UK businesses has come from the EU. That has to change.

Churchill once said:

“If you have ten thousand regulations, you destroy all respect for the law.”

Those words from the wise are worth listening to. Of course, 10,000 regulations also destroy competitiveness, so there is an urgent need to make targeted reductions in the swathes of regulatory burdens that are preventing British citizens from getting back to work.

Andrew Bridgen Portrait Andrew Bridgen
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My hon. Friend knows, as I do, that large businesses rather welcome a heavily regulated environment, especially in mature markets. Such an environment is anti-competitive, because it creates huge barriers to entry for small firms and cuts competition.

David Rutley Portrait David Rutley
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Absolutely. Providing for a more level playing field and enabling small and medium-sized enterprises to compete fully in the marketplace is at the heart of what the Government are trying to do, and that has to happen.

To secure the sort of reform that we are pushing for, we need to continue to inspire our EU neighbours with ambitious reforms such as the Bill. In that way, we can build alliances in Europe with politicians, citizens and businesses that also want a competitive EU—a single market, not a single over-regulated state. That is what we are working for. The EU institutions, especially the red tape-loving European Parliament, have become divorced from the economic reality of Europe and its people, including those in the UK. In the end, however, reality does bite, and the fantasy that it is a public good to have ever more legislation in ever more areas of life is fundamentally exposed. Barriers that hinder innovation, and the overall competitiveness of our entrepreneurs, employers and exporters, must be addressed at EU level as they are tackled in the UK.

In October, the Prime Minister’s taskforce showed what could be done with its “Compete” principles for better regulation and more than 30 recommendations for reducing the bureaucratic burden. The public outcry, especially in the UK, that led to rules on discards being swept away from fisheries policy shows that even Brussels, with enough pressure, will respond to the agenda for change. With the work that is being pushed forward and the alliances we are building in Europe, it is good that latent EU reformists have been enabled and even emboldened to get on to the front foot in arguing for a better Europe.

Yasmin Qureshi Portrait Yasmin Qureshi (Bolton South East) (Lab)
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Most of the hon. Gentleman’s speech seems to have been concentrated on the European Union. Is it aimed at Tory voters who may be considering voting for the UK Independence party?

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David Rutley Portrait David Rutley
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I am not sure that that contribution particularly advances the debate. I refer the hon. Lady to the comment I made earlier: 72% of regulation comes from the EU. We must address that situation, but Labour Members appear to have no appetite to do so. The issue was ducked for 13 years under the previous Government, but we are getting serious about it.

I will return to the Bill in a minute, but it is important to consider this issue in context. The German Finance Minister, Mr Schäuble, has warned against endless regulation and went as far as to state that among the

“worst news I got as Finance Minister two years ago was that a big bio-chemistry companies was shifting all its research from Europe to the US because of regulations coming from Brussels.”

The Bill helps to show that better news is possible with sufficient political will, not just in Germany, but in Holland and Sweden, where others are beginning to recognise the need for reform. One key thing we must demand is the implementation of the services directive across the EU. That must be a priority to ensure that consumers across the EU benefit, and that UK service companies—and, for that matter, those from other EU countries—can compete effectively.

If the EU adopted steps similar to those taken in the UK, such as the one in, one out requirement, which is moving to one in, two out, and the Government’s three-year moratorium on new regulation for small businesses, that would show that it, too, was open for business. There are signs that the EU is beginning to listen, and hopefully in the light of the Bill and the other work the Government are taking forward, it will show even more interest.

No one knows the precise direction of our economic journey over the next decade and beyond, but it will be easier if the Government continue to turn off the many red lights and deal with the road blocks faced by smaller businesses. As the Minister said, it is good that clauses 61, 62 and beyond deal with the idea that non-economic regulators must have regard to the desirability of promoting economic growth, which is an important step forward.

It is also important to present better regulation proposals as a cause of optimism and positivity, rather than allowing the scurrilous left and the Labour party to pretend that it is all too difficult, or to insult the self-employed by suggesting that they do not have proper jobs, when of course they do. The Bill will empower people to achieve the things they want in their careers and businesses, and we must implement such measures to ensure that inflexible labour markets are swept away.

Deregulation does not take rights away; the Bill seeks only better to define them. Clause 1, for example, exempts from health and safety law self-employed people whose work activities pose no risk of harm to others, which is a measure supported by the British Chambers of Commerce and the Federation of Small Businesses. Clause 2 frees employers from the threat of wider recommendations from employment tribunals, thus de-risking the employment process and making jobs more likely to be created in the first place. If we can spread the Bill’s positive vision of deregulatory reform to our neighbours in Europe and the global economy, we will be pulling down barriers to people’s dreams and clearing road blocks to our constituents’ ambitions, and it is because of that that I support the Bill.

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Priti Patel Portrait Priti Patel
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My hon. Friend is right to ask that question. The Government have, of course, gone incredibly far. They inherited an appalling number of regulations from the last Government, and they are now doing exactly the right thing. They are making good progress, and setting the right direction of travel. We need to support them in that, because British business in particular depends on the changes that we are making in order to create the even playing field that will enhance our competitiveness in the world.

David Rutley Portrait David Rutley
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My hon. Friend is making a passionate appeal for common sense and entrepreneurial values. As someone who was a member of the Joint Committee, will she comment on the quality and strength of the proposals that were advanced by Opposition Members? Did they help the debate?

Priti Patel Portrait Priti Patel
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I think that there is a correlation between what we have heard so far today and some of the Committee’s debates. The Committee was particularly well informed, because the draft Bill had been published some time earlier, and because we received many submissions, about which I shall say more shortly. What we have heard from Opposition Members this afternoon in decrying this Bill is a reminder to the House and the nation of their illiterate economic approach and why so much in the past has gone wrong in relation to regulation and lack of support for businesses in particular.

My support for this Bill is absolutely fundamental. It is about jobs, growth and deregulation. Over 80% of my constituents are employed by SMEs. These SMEs are the backbone not just of my local economy in Witham but obviously of Essex and the eastern region, which is a very sizeable net contributor to Her Majesty’s Treasury.

Those SMEs and my constituents who are employed by them welcome this Deregulation Bill because they know that it will transform the landscape for them when it comes to doing business, removing so many of the obstacles and burdens of red tape that have stifled them. My hon. Friend the Member for Macclesfield (David Rutley) talked about the swamp of regulation. That is exactly it. We have to move on; we have to drain the swamp and get rid of the burden of regulation across every level that affects SMEs, whether that involves local authorities, county councils or health and safety bodies. These are the barriers we have to remove to enable businesses not just to thrive and grow, but to have that even playing field.

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Priti Patel Portrait Priti Patel
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I thank my hon. Friend for his point on public bodies in particular. In the public bodies legislation we went a long way to reshaping that landscape. I am sure there is more to do, however, and this Deregulation Bill is a highly positive and a very welcome start. I commend our colleagues on the Front Bench on everything they have done to champion this. As and when the Bill passes through the Bill Committee, we can do more to strengthen and enhance the ability to deregulate across Whitehall, too.

I mentioned that a vast number of my constituents are employed by SMEs. Interestingly, there is a diverse range of businesses in my constituency. Many of them come under the category of self-employment, but they too come across aspects of health and safety regulation in particular. Many of the businesses in my constituency are hugely supportive of scrapping the rules for self-employed workers, whose activities pose no harm, and of changing the landscape in that regard. They are being liberated now, so they are no longer saddled with this burden and are able to grow and move their businesses on.

David Rutley Portrait David Rutley
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Important points are being made in this debate. In Macclesfield we are very proud of our level of self-employment, particularly among women. Is it my hon. Friend’s experience that female entrepreneurs and small businesses run by women have expressed the same sentiments that she has been talking about, and that that cuts across the board for both male and female entrepreneurs? This makes a big difference in helping people to be empowered about deciding how they want to take their careers forward.

Priti Patel Portrait Priti Patel
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My hon. Friend is absolutely right. Those of us who have worked in business are very aware that at the end of the day we want an even playing field. I hope Members will forgive me for saying again that Essex is the county of entrepreneurs; we lead the way. My hon. Friend is right that this is about the empowerment of the individual, and Government getting out of their way so that we liberalise enough to liberate them to move on and do the right thing.

I mentioned the improvements to health and safety regulations. This will show that less regulation does something very important, which makes for better regulation. We have to get rid of all the redundant stuff—the stuff that is causing the problems and the barriers—and have more effective regulation.

It is wrong for those who are opposed to changes in this area just to assume that we are making a change that is going to leave people vulnerable. This is about better and more sensible regulation. There are many measures in this Bill that seek to achieve that.

I mentioned the work the Government are doing through the red tape challenge. That is already making a big difference to businesses. It is saving in excess of £30 million per annum and it is expected to lead to more savings. My hon. Friend the Member for Macclesfield spoke about forums he has been involved in. I have spoken in many business forums over the past three years. For small businesses in particular one fact sticks out: under the last Government small businesses were saddled with red tape and regulation the burden of which was equivalent to £17 billion per annum. That is the cost of Crossrail. These are the types of costs and burdens we have to lift from small businesses, and this Government are going further than any British Government have gone in reducing the burden of regulation and cutting red tape. This is all about boosting business confidence and job creation in particular.

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Andrew Bridgen Portrait Andrew Bridgen
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I thank my right hon. Friend for moving the goalposts in the right direction.

David Rutley Portrait David Rutley
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My hon. Friend is making a powerful case. Does he share my view that deregulatory steps such as this will give more people the confidence to want to become entrepreneurs, and to take on their first employees. Those are the aspirations that we need to support. Does he think that the Bill will help us to move in that direction?

Andrew Bridgen Portrait Andrew Bridgen
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I certainly do. Having been a business owner under the previous Government, and representing businesses as a regional chairman for the Institute of Directors, I know that the thought of ever more regulation is in the psyche of business people. The Bill is totemic—in fact what the Government are doing is totemic—not only in stemming the tide of regulation but in giving a commitment to reduce the burden of regulation over the term of this Parliament. That will take a lot of believing by the business community, and we need to reinforce that message. It will give confidence not only to people who have businesses but people who would not even consider starting up a business. There is no doubt that when people who work in a business see the pressure that the regulatory burden places on those who run it, they are dissuaded from going it alone and starting their own business. We want to reverse that situation.

Recommending the removal of the self-employed from health and safety law originated under the review ably chaired by Professor Ragnar Löfstedt, on which I served as a member of the advisory panel with the hon. Member for Ellesmere Port and Neston (Andrew Miller), Sir John Armitt, Dr Adam Marshall of the British Chambers of Commerce, and Sarah Veale, who was later replaced by Liz Snape, representing the TUC. The proposed change is based on the approach taken in a number of other European Union member states, including Germany, where legislation on health and safety at work applies only to employed workers; France, where, as a general rule, the provisions do not apply to the self-employed or to employers themselves, except when they are directly carrying out an activity on a site; and Italy, where the health and safety at work regulations do not apply at all to the self-employed. Clause 1 is nothing new in a Europe-wide sense as regards health and safety.

When the clause was scrutinised by the Joint Committee, on which I also served, with my hon. Friend the Member for Witham, a number of stakeholders raised concerns that the recommendation might lead to the self-employed in risky occupations such as construction being taken outside health and safety law. I can assure the House that Professor Löfstedt has made it clear that that was never, and is not, the intention of the proposal. The clause has the support of the Federation of Small Businesses, which believes that it will help with the perception of health and safety law. I fundamentally disagree with the groups who are arguing that this change will cause confusion, because asking the self-employed, “Does your work activity pose potential risk of harm to others?”, is not too taxing a question. As I said, major economies in the European Union seem to manage perfectly well without this unnecessary regulation. It is also worth noting that it could well save small businesses not only an enormous amount of time but an estimated £300,000 a year.

Clause 2 curtails an employment tribunal’s powers to make wider recommendations. This is another needless regulation. Its discontinuation is supported by business groups, as best summed up by the British Chambers of Commerce, which stated that the measure currently in place extends tribunals’ jurisdiction beyond the

“time, information and expertise of the panel”.

I fully agree with that view. The regulation is unnecessary because it serves only to create fears among employers about inappropriate or excessive recommendations. I therefore welcome this move to abolish it.

Clauses 58 and 59 imposes on regulators the economic growth duty—a new duty that requires them to have regard to the desirability of promoting economic growth when exercising their regulatory function. This is a welcome move, as all sectors that are in a position to do so should do what they can to contribute to and complement economic growth. The clauses have received a positive reaction from business groups and many of the regulators themselves, with the British Chambers of Commerce stating that the duty could

“help establish more constructive relationships between business and regulators”.

The Institute of Directors said that it could be helpful in serving as a catalyst for regulators to consider the costs and the benefits when developing new policies. I believe that there needs to be a new and dynamic—a symbiotic—relationship between business and the regulator rather than the historical one that has too often tended to be adversarial, and these clauses will help to achieve that. It is also encouraging that the measure is being positively embraced by many regulators such as the Security Industry Authority, which stated that it recognises the importance of economic growth and supports efforts to encourage it. These regulators are funded to the tune of £4 billion a year, and they need to make their contribution to economic growth if we are to compete on an international level against countries with far fewer regulations and regulators than the UK.

I recognise that the measure has not been universally welcomed, with opposition from, among others, the TUC, which described the duty as “a very odd concept”—but then it often appears that the TUC and its paid mouthpiece the Labour party view free market capitalism as a very odd concept, as underlined by some recent policy announcements. I find that view rather disappointing.

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Iain Wright Portrait Mr Wright
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That is helpful.

I thought the hon. Member for Macclesfield (David Rutley) made a great speech, which was quite literally Churchillian in its approach. Let us not forget that the second Churchill Government produced the Mines and Quarries Act 1954, because Churchill recognised the importance of improved regulation and health and safety in things such as welfare and employment, especially for women and young people. In terms of domestic legislation, the Churchill Administration of 1951 to ’55 were very progressive.

The hon. Gentleman talked about first-time entrepreneurs and first-time exporters. He talked about realising dreams and achieving objectives. I have to agree with him: that is exactly what we want to see. However, there is nothing in this Bill that allows that to happen. Not one jot of what he mentioned in his rhetoric would be allowed under this Bill.

David Rutley Portrait David Rutley
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Has the hon. Gentleman not taken any notice at all of the debate about clause 1? There are plenty of businesses that would like overburdensome health and safety regulation removed from them, as is clear from the Federation of Small Businesses and the British Chambers of Commerce.

Iain Wright Portrait Mr Wright
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I will come to the precise benefits for business in a moment, but I want first to refer to the hon. Member for Witham (Priti Patel), whom I cannot see in her place at the moment. She used her knowledge from the Joint Committee and her experience in business. I have to disagree with a lot of what she said. I respect her experience in business, but she says that Government just have to get out of the way of business. I do not think that is necessarily the case in a modern, innovative economy. What we need is a Government who will work with business on a long-term vision and an industrial strategy that will enable us to pay our way in the world.

I agree with everything that the hon. Lady said about business start-ups and the need to enhance our competitiveness, but there is nothing in the Bill—no single clause or schedule—that would facilitate start-ups: if only there were such provisions. One of the things that worry us most is the fact that the United Kingdom is slipping down in the world rankings for start-ups. According to figures from the OECD, it has fallen from 18th in the world last year to 28th this year. When it comes to obtaining electricity for a business, our ranking has slipped from 64th to 74th. Surely we should be doing something about that. The Bill could have helped us to do so, but unfortunately it does not.

Several Members mentioned the Bill’s impact on business. One could be forgiven for thinking that it would facilitate an enormous start-up of entrepreneurial activity, but its provisions are so insubstantial and so insignificant to British business that they are almost meaningless. As was pointed out by my hon. Friend the Member for Newcastle upon Tyne Central (Chi Onwurah) in her excellent opening speech, the statement of impact for the draft Bill estimated that it would save businesses £10 million over 10 years: £1 million a year.