Small Business, Enterprise and Employment Bill

Jonathan Edwards Excerpts

Wednesday 16th July 2014 Commons Chamber

[The Secretary of State for Business, Innovation and Skills (Vince Cable)]

I beg to move, That the Bill be now read a Second time.

The Small Business, Enterprise and Employment Bill has two fundamental purposes, one of which is to help small businesses grow and succeed, and the other is to ensure that the UK continues to be regarded as a trusted and fair place in which to do business. It is an extensive Bill, and I fear that if I talked through the 12 parts, 149 clauses and 10 schedules, we would have a speech of Fidel Castro-like proportions from me now, and I do not want to stray in that direction. I apologise to the House in advance that I may therefore have to gloss rather superficially over what are some very complex and meaty issues. There will, as a consequence, be many happy hours spent in Committee. I am pleased to say that the Minister for Business, Energy and Enterprise, my hon. Friend the Member for West Suffolk (Matthew Hancock), who has just enjoyed a welcome and deserved promotion, will be leading our team in Committee.

I thought that the most useful way of introducing the Bill is not to follow through the mechanics of the Bill itself, but to dwell on four big themes that flow through it in different ways. The first relates to employment. We want to make changes to the legislation in a way that benefits both employees and employers to ensure that employees are not disadvantaged by unacceptable practices, be they exclusivity clauses in zero-hours contracts or underpayment of the national minimum wage.

[Jonathan Edwards (Carmarthen East and Dinefwr) (PC)]

rose—

[Vince Cable]

I am coming on to that matter in detail. I do not know whether the hon. Gentleman will be happy to wait until we get to that section.

Secondly, I want to ensure that our companies are trusted and transparent, so that they cannot conceal ownership or control and that they engage in good corporate behaviour. Thirdly, I want to help our small businesses get access to the finance they need to grow and export, compete in public sector procurement and address some of the issues around late payment. Fourthly, I want to support the Government's regulatory reform agenda, ensuring that ineffective, out-of-date and burdensome regulation does not hold back our businesses. Those are the four basic themes of the Bill.

--- Later in debate ---

[Vince Cable]

Indeed, I believe that in the hon. Gentleman’s constituency unemployment has fallen by 46%, and he is gracious enough to have acknowledged that. We are in the first stage of the long-term recovery. There are, of course, issues around low pay and low productivity that will require investment, and that is where our long-term commitment to growth and industrial strategy is important. We want employment that is high-quality and secure, and all the evidence suggests that, compared with most parts of Europe, British employment in this recovery is more permanent and secure than elsewhere, although clearly there is more to be done.

That leads us to zero-hours contracts, which as far as we can establish apply to around 2% to 4% of jobs. The issue has aroused a great deal of concern because of its implication that many people are insecure in their work, and on the back of those concerns I initiated a call for evidence and a consultation on how we should deal with the problem. Two contrasting views came to light. There were indeed shocking examples of abuse, many of which are captured in the problem of exclusivity clauses that we have now committed to end. At the same time, it was clear that zero-hours contracts have a genuine positive role in the labour market and are appreciated by many individuals because of the opportunity they provide, as well as the advantages to employers. Indeed, recent research from the Chartered Institute of Personnel and Development, which has done much of the authoritative work in this field, contrasts satisfaction levels in zero-hours contracts with other work, and whether people are treated with respect by their senior management. It shows that zero-hours contracts are marginally better in both those criteria than other forms of employment.

[Jonathan Edwards]

The measures in the Bill to prohibit exclusivity in zero-hours contracts are to be welcomed, but why not just ban zero-hours contracts? Is the Secretary of State seriously saying that the only way to have a flexible labour market is to have zero-hours contracts?

--- Later in debate ---

[Mr Umunna]

I will give way shortly.

The Government’s answer is simply not good enough. Do they really think that, on its own, that will stop the exploitative use of such arrangements?

As well as ensuring that the terms and conditions of employees on zero-hours were made clearer and that they were free to work for other employers, we would give employees the right to demand regular contracts if they were, in practice, working regular hours for a certain period, with an automatic right to a fixed-hours contract after a year. We would also ensure that employees on zero-hours contracts were not obliged to make themselves available outside contracted hours, and that they had a right to compensation if shifts were cancelled at short notice. That is what the Government should be doing. If they did what we are proposing to do, they would be able to clamp down on these exploitative practices.

[Jonathan Edwards]

I am heartened by some of what the hon. Gentleman is saying, but can he explain why, during recent deliberations in the Welsh Assembly on the Bill that is now the Social Services and Well-being (Wales) Act 2014, the Labour Government voted down my party’s proposals to ban zero-hours contracts in the social care sector in Wales?

[Mr Umunna]

We, as a party, have made it very clear that we want to end the exploitative use of zero-hours contracts.