Terms and Conditions of Employment
Kevin Hollinrake Excerpts(4 days, 12 hours ago)
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The Minister of State, Department for Business and Trade (Kevin Hollinrake)
I beg to move,
That the draft Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment of Schedule A2) Order 2024, which was laid before this House on 22 April, be approved.
The draft order will increase the deterrent effect of the code of practice on dismissal and re-engagement, which I will refer to as “the code” for the remainder of this debate. The Government have been clear that threats of dismissal and re-engagement should not be used as a negotiation tactic by employers. When the covid-19 pandemic led to cases of dismissal and re-engagement, the Government asked ACAS to conduct an evidence-gathering exercise to help us better understand this issue. The report was published in June 2021. The Government then asked ACAS to produce new guidance to ensure that employers are clear on their responsibilities when considering making changes to employment contracts. The guidance was published in November 2021. ACAS has also published guidance for employees.
The Government then went further to address the use of dismissal and re-engagement by bringing forward a draft code, aiming to ensure that the practice is only ever used as a last resort, and that employees are properly consulted and treated fairly. The code seeks to ensure that where an employer wants to make changes to employees’ terms and conditions, the employer engages in meaningful consultation with a view to reaching agreement with employees or their representatives in good faith.
Gavin Newlands (Paisley and Renfrewshire North) (SNP)
I am grateful to the Minister for giving way. We discussed this issue upstairs in Committee. Can he confirm whether the motion, which puts the code into practice, would stop Willie Walsh from threatening to fire and rehire 10,000 air stewards, air stewardesses and others at British Airways, or the workers at British Gas—yes or no?
Kevin Hollinrake
It is wrong to talk about individual cases, because they are all different, with different circumstances. The order is about a financial deterrent against those kinds of actions. Different sanctions are available for the mistreatment of employees, such as civil or criminal investigation by the Insolvency Service. Different measures can be taken forward where rules are not complied with.
Gavin Newlands
I am grateful to the Minister for giving way again. He talked about the extra 25% putting off businesses and employers from going down that route. If it will save businesses a heck of a lot more money than the alternative, surely they will go down the same route. They will potentially price in the 25% if it will save them more money in the long run, particularly in a British Airways situation where it was dealing with legacy contracts and trying to save substantial amounts of money. Surely this is not enough of a disincentive.
Kevin Hollinrake
The hon. Gentleman raises an interesting point. Most employers treat their employees with dignity and respect. That is what we expect and what we see in the vast majority of cases. An economic environment in which we have virtually full employment means a competitive market for employees. That is the best protection against the kind of approach that some employers take and which we are trying mitigate. We believe the measures strike a fair balance. We believe there are situations where dismissal and re-engagement is appropriate—I can expand on that if he would like me to—so it is about trying to strike a balance, and we think we have struck that balance.
Christine Jardine (Edinburgh West) (LD)
I thank the Minister for giving way on that point. Does he appreciate that many of us think the code looks very optimistic, presuming a best-case scenario in human behaviour and industrial relations, and that the result is really toothless in dealing with companies that might operate outwith the norm?
Kevin Hollinrake
I do not think so. There is a financial deterrent to going down a route that is not appropriate, and to not following the code. As I say, we are striking a balance. There are situations in which, as a last resort, businesses need to do something more drastic; for example, a business might be in peril and unable to survive without making the kind of changes we are discussing, and such cases have come before tribunals. If the question is whether it is right that everybody shares a small burden—say, a reduction in salary—one person cannot hold out against that, and prevent a restructuring that is in the interests of the many, rather than the few. The provisions have been used in the past to save businesses and therefore jobs. That is what we are trying to protect, while also protecting against a rogue employer using such opportunities irresponsibly and unfairly.
The code will apply to all employers, regardless of size. We expect all employers in relevant scenarios to adhere to it. As I said, employment tribunals will have the power to apply an uplift of up to 25% of an employee’s compensation if an employer unreasonably fails to comply with a code that applies.
In accordance with the Trade Union and Labour Relations (Consolidation) Act 1992, the Secretary of State consulted ACAS on a draft statutory code before publishing it. Between January and April 2023, the Government publicly consulted on a draft code, enabling trade unions, employers and other interested parties to contribute their views. Careful consideration was given to those views, and as a result, changes were made to the draft code. The Government are very grateful to all respondents to the consultation for their considered and helpful responses. An updated draft code was laid before Parliament on 19 February, and a Government response to the consultation was published on the same day. The draft code was then debated in both Houses of Parliament. I am pleased to say that it was approved. The Government will introduce separate legislation to bring the code into force before summer recess.
The Government are going even further by bringing forward this order, which will increase the deterrent effect of the code by adding a protective award where there is non-compliance with the collective consultation requirements in schedule A2 to the 1992 Act. The protective award is compensation awarded by an employment tribunal when an employer does not consult with its employees before dismissing 20 or more of them within any 90-day period at a single establishment. Schedule A2 to the 1992 Act sets out the list of claims for which an employment tribunal can make a 25% adjustment to compensation if one of the parties has unreasonably failed to comply with a code of practice made using powers in section 203 of the 1992 Act. The relevant code of practice that will be impacted by this change is the code of practice on dismissal and re-engagement. The change will mean that where an employment tribunal is making a protective award, and it appears to it that the employer has unreasonably failed to comply with the code, the tribunal may increase that award by up to 25%. The change was called for by respondents to the consultation, including trade unions, and will increase the deterrent effect of the code.
There are calls to ban the practice of dismissal and re-engagement, or to restrict the practice in a manner that effectively amounts to a ban. The Government believe that we must preserve companies’ flexibility, so that they can manage their workforce in times of crisis. The UK’s flexible labour market is key to economic growth and helps business to thrive, so it is right that we have mechanisms to enable us to save as many jobs as possible. The code is a proportionate response to controversial fire and rehire practices, balancing protections for employees with business flexibility. The vast majority of employers want to do the right thing by their employees. For most employers, decisions to change terms and conditions, or to let members of the workforce go, are not taken lightly.
The UK is a great place to start and grow a business. It has a strong labour market, and its success is underpinned by the balance between labour market flexibility and worker protections. It is vital that we continue to strike the right balance, while clamping down on poor practice. The Government intend the code and the order to be in effect before the summer recess. I commend the order to the House.
Kevin Hollinrake
I thank hon. Members for their contributions, and will address their specific points. As we have discussed this issue before in separate venues, I fully understand that the shadow Minister, the hon. Member for Ellesmere Port and Neston (Justin Madders), does not feel that this order goes far enough. It is interesting to consider the briefings that came from recent discussions in the Labour party about its new plans for the workplace. There was a briefing that the party accepted some situations where dismissal and re-engagement may be needed. That may be a vicious rumour, but it seems to me that those on the Labour Front Bench decide their policy on the basis of whom they have talked to last—whether that is a business, employers or employee representatives.
Justin Madders
We remain committed to banning fire and rehire, but if the Minister wants to debate our policies properly, let us have a general election and see what the public think.
Kevin Hollinrake
Why wait? Let us have the debate now.
The shadow Minister mentioned P&O, as did many other hon. and right hon. Members. Clearly, that was not a situation involving fire and rehire. There is an ongoing investigation, and we believe that P&O broke the law. Following that situation, we introduced the Seafarers Wages Act 2023 to ensure that any company that operates vessels in British waters will pay the national living wage, which will be an effective measure.
The hon. Member for Glasgow South West (Chris Stephens) described fire and rehire as an “evil practice”, which is not the right kind of language. There are situations where sometimes employers do the wrong thing by their employees, but most employers do the right thing. There are businesses that have no alternative other than fire and rehire in order to save the business and save jobs. To describe every situation involving dismissal and re-engagement as an “evil practice” is entirely the wrong kind of language.
Chris Stephens
The Minister is being typically generous in giving way. Surely dismissing people and re-engaging them on worse terms and conditions, and in many cases on lower wages—many multinational companies try to get away with that, and some did get away with it during the pandemic—is an evil practice.
Kevin Hollinrake
There are cases where these opportunities are abused—I do not deny that—but the hon. Gentleman is operating on the basis that it is the exception rather than the rule. It is our view, which he may disagree with, that the vast majority of employers do not treat their employees that way. There have been cases where a court has upheld the right of an employer to fire and rehire. Where the employer tries to restructure the company to save jobs, through a salary reduction of a few per cent. for everyone in the workplace, that is better than the business going down. The hon. Gentleman must see that there are some situations in which it is the only option for an employer, which operates in the interests of the wider workforce. It was the right thing to do in those situations. His describing it as an “evil practice” is wrong and misses the point, although there are abuses of the system, as he describes.
David Linden
Unusually, I find myself disagreeing with my hon. Friend the Member for Glasgow South West (Chris Stephens). Are there not scenarios in which the Government think that it is perfectly fine for somebody to be sacked and re-engaged? For example, when the Government led by the right hon. Member for South West Norfolk (Elizabeth Truss) were collapsing, Ministers resigned and were then reappointed afterwards. Sometimes it is in the Government’s interest to have that option, isn’t it?
Kevin Hollinrake
Well, there is no recourse to an employment tribunal in that situation, and there is certainly no uplift in the compensation that might be received.
I say to the shadow Minister that he should frame the order in its context. The majority of businesses in this country do the right thing by their employees, because they are run by honourable people and treating employees well is the right thing to do for business reasons. His approach of banning dismissal and re-engagement would cost jobs, as would having day-one rights in the area of unfair dismissal. Bringing forward a single category of worker would also cost jobs, and would create huge difficulties for many sectors. It is not just about the situations that arise in individual circumstances; it is about the fear of those situations arising for businesses when they are trying a new employee. That situation will strike fear into the hearts of many businesses across this country, and will cost jobs. The hon. Member for Glasgow South West (Chris Stephens) asked me how many people had appeared before an employment tribunal and then been reinstated. I do not know those numbers but I would be happy to see what numbers we can find for him on that basis.
This order will increase the deterrent effect of the code by adding the protective award for non-compliance with collective consultation requirements to schedule A2 of the 1992 Act. That will mean that where an employer is found to have unreasonably failed to comply with their collective consultation requirements, as well as unreasonably failing to comply with the code, the employment tribunal may increase the employee’s protective award by up to 25%. Subject to the approval of both Houses, the code and the order will be enforced before the summer recess.
The Government are committed to making the UK the most dynamic place in the world to work and to launch, grow and do business. The UK’s flexible labour market is key to economic growth and helping businesses to thrive. However, labour market flexibility must be balanced with appropriate safeguards. The House should be left in no doubt that this Government will always continue to stand behind workers and stamp out unscrupulous practices where they occur.
Question put and agreed to.
Resolved,
That the draft Trade Union and Labour Relations (Consolidation) Act 1992 (Amendment of Schedule A2) Order 2024, which was laid before this House on 22 April, be approved.
Employment (Allocation of Tips)
Kevin Hollinrake Excerpts(4 days, 12 hours ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister of State, Department for Business and Trade (Kevin Hollinrake)
I beg to move,
That the draft Code of Practice on Fair and Transparent Distribution of Tips, which was laid before this House on 22 April, be approved.
The code of practice, which I will refer to as the code, will give legal effect to standards in the allocation and distribution of tips, gratuities and service charges, and transparency surrounding the keeping of records and the retention of written tipping policies. For brevity, I will refer to tips, gratuities and service charges as tips for the rest of today’s debate. Passage of this code will signal a landmark moment in our protection of workers’ rights. For the first time, the Government are ensuring cast-iron clarity about where tips are going once they have been paid, and setting a new standard for how tips should be treated.
James Gray (North Wiltshire) (Con)
The Minister said that, for brevity, he would consider tips, gratuities and service charges all to be tips, but surely service charges, which are a set charge against some practice or service, are quite different from tips, which are for fun or voluntary. Gratuities come somewhere between the two, do they not? Could he kindly enlarge on the definition of those three things?
Kevin Hollinrake
It is our position that they amount to the same thing. We know from customer behaviour that when a customer sees a service charge on their bill, they will usually not tip at that point because they believe that the service charge is a tip. We feel that that is in the same category, which is why we have categorised them together in this instance.
The Employment (Allocation of Tips) Act 2023 was a relatively simple piece of legislation, but one with an important purpose. Following the justified public examination a few years ago of the spectacle of some businesses retaining significant percentages of tips or even keeping them altogether, the Government committed to backing a private Member’s Bill on tipping. The law mandates that all qualifying tips must be passed on to the workers who earn them, rather than being retained by businesses, and it sets out that these tips must be allocated and distributed in a fair and transparent manner.
I reiterate my appreciation, which I set out at this Dispatch Box earlier this year, for the cross-party support that the primary legislation engendered, and for the positive and constructive tone in which all the parliamentary stages were conducted. I want to extend further thanks in particular to the original Bill’s sponsors, my hon. Friends the Members for Watford (Dean Russell) and for Ynys Môn (Virginia Crosbie), and subsequently Lord Robathan in the House of Lords. Today we are another step closer to bringing these important measures into effect.
It was remarked at the time that the detail was crucial, and we elaborated on that detail in December with the publication of the draft statutory code of practice on fair and transparent distribution of tips. I am grateful for the large volume and quality of the responses we received during the public consultation that followed. Everyone who provided feedback, whether via an online survey, through an email response or in a meeting with officials at my Department, should know that their views have been considered carefully. Responses have been used to amend and enhance the code, and will continue to inform the communications and support for businesses implementing these measures.
We were pleased to lay the updated code of practice before Parliament on Monday 22 April. The code was also published on gov.uk alongside a full Government response to the consultation, which provides more detail on the feedback received from businesses, workers and other stakeholders. I trust that right hon. and hon. Members have had, or will have, the opportunity to study the detail of the code in their own time, but I will briefly set out its provisions here today.
The code of practice contains summaries of the key intentions of the Act. The code sets out the scope of this legislation, emphasising that it covers all qualifying tips—that is, employer-received tips and worker-received tips over which an employer exerts control or significant influence. These measures apply to every sector and across England, Scotland and Wales. The code goes on to provide more detail on the need to maintain fairness in the allocation and distribution of tips. Rather than being prescriptive and potentially burdensome to employers, the code articulates key principles for employers to consider, protecting both the rights of workers and flexibility for a variety of approaches from businesses.
The code helps employers to engage in constructive and positive consultation with their workers, and helps to minimise the risk of discrimination, which may be indirect or unintentional, if due care is not taken. The code sets out that employers need to uphold transparency in the handling of tips. This includes keeping a written tipping policy that is clearly communicated to all affected workers. This requirement also includes retaining accurate tipping records to which workers have the right to request access. One thing to note is that this need to maintain a written tipping policy and make it available to workers does not apply to businesses that receive tips only on an occasional and exceptional basis.
Finally, the code expands on how to resolve conflicts that arise between employers and workers. While early and internal resolution of issues is preferable for all involved, workers may consult ACAS for impartial advice and assistance in resolving problems. The code informs workers about how an unresolved dispute may be escalated to an employment tribunal.
James Gray
I am listening to the Minister carefully. I am sorry that I am not as familiar with the original Act I should be, and I apologise if I ask a foolish question as a result. He mentioned a moment ago that the code of practice would not apply to industries in which tipping occurs only rarely. Will he expand on what those are? For example, if I tip a taxi driver, would it apply to that? Obviously not. If I tip a waiter in a restaurant because he has been particularly helpful to me, why should that be shared with other people in the restaurant? To what sort of industries would the code not apply?
Kevin Hollinrake
As I said earlier, that provision does not apply to an industry or organisation that receives tips on an occasional or exceptional basis. An example would be a Christmas box or a Christmas present for somebody, or an industry that is not used to getting those kinds of gifts. My hon. Friend talked about the taxi industry, which is an industry in which people regularly receive tips. He also talked about a situation where a customer gives a tip directly to a worker. That tip can be kept by the worker if it is given directly to that worker and is not in the control of the employer. That is the difference: a tip given directly to somebody in a restaurant or some other place can be kept by that individual. We would expect that to be set out in a policy at employer level.
I want to take this opportunity to place on the record the Government’s gratitude to ACAS and all those involved in the tribunal system for their continued diligence on tipping and many other matters of employment law. Overall, the Government are proud today to endorse the approval of this code of practice. Following approval by this House and by the House of Lords, the code and the other measures in the Act will come into force on Tuesday 1 October.
With this code of practice, the Government are righting a wrong, delivering a level playing field for businesses and continuing our proud record of standing up for and defending the rights of workers. I commend the statutory code of practice on fair and transparent distribution of tips to the House.
David Linden (Glasgow East) (SNP)
It is genuinely a pleasure to follow the hon. Member for Watford (Dean Russell). I thank him and congratulate him on the private Member’s Bill that led to this code of practice coming to the Floor of the House. It is a small but significant step forward in improving workers’ rights. Regardless of our political differences—I suspect there are many—I have always found the hon. Gentleman to be kind, thoughtful and dedicated to public service, and I am very grateful for that. It is therefore no surprise that having won the equivalent of the parliamentary lottery, he chose to bring forward legislation that commands such cross-party support, and I thank him for that.
I will make reference to the briefing issued by Unite the union later in my remarks, but at the outset I declare my own membership of Unite, although I should be clear that I have no particular financial interests to declare.
One of the most frustrating aspects of the 2019 to 2024 Parliament has been the lack of significant progress on improving employment law more generally. Yes, there have been piecemeal bits of legislation, such as the Bills brought forward by the hon. Member for Watford, my hon. Friend the Member for Cumbernauld, Kilsyth and Kirkintilloch East (Stuart C. McDonald) and the hon. Member for North East Fife (Wendy Chamberlain), but they have all come forward as limited Back-Bench Bills. It is undeniable that a vacuum was created for these private Members’ Bills to move forward due to the sheer absence of the substantial Government employment Bill that many of us expected. Indeed, we were promised such a Bill on no less than 20 occasions by Ministers. It is now seven years since the Taylor review and still no action has been forthcoming from the recommendations of that report.
Kevin Hollinrake
I am sure the hon. Gentleman would like to correct the record. A number of recommendations in the Taylor review have been implemented, not least the right to request predictable terms and conditions, which went further than the recommendations in the review. Will the hon. Gentleman acknowledge that fact?
Kevin Hollinrake
I thank hon. Members for their contributions to this debate in which we are seeking to ensure that the draft code of practice on fair and transparent distribution of tips is approved.
I will turn now to the specific issues raised. The shadow Minister talked about engaging with the sector, which is very important. I can tell him that we engage regularly with organisations such as UK Hospitality, the British Beer and Pub Association and the British Institute of Innkeeping on these matters and have been doing so for many months, as we want to make sure that their views are heard. The non-statutory guidance that we will be bringing forward should provide more help for those organisations to comply with the important provisions of this legislation.
The shadow Minister asked whether we would review the policy on a regular basis. We will obviously keep all these matters under review, and the guidance should help to inform the sector about requirements in terms of both employees and businesses. It is hugely important that we do so. He asked whether a person could take a claim forward to an employment tribunal for unfair dismissal. Clearly, employment tribunals are there to ensure that workers can assert their rights if they feel that their rights have not been respected, so we would definitely expect an employment tribunal to hear such a case.
The shadow Minister asked about tipping by digital apps. We see this as a new phenomenon and an interesting development, enabling the customer to be able to tip an individual using an app, QR code or whatever, and we will not stand in the way of that. Where a tip has been given directly to a member of staff, it is clear that that tip should be kept by the member of staff. The app is there to allow flexibility in the implementation of the code or the guidance, rather than allowing businesses to avoid their clear obligations.
The shadow Minister asked about payments and why they are paid the following month. I think it is reasonable to allow a business to be able to calculate the amount of tips that are received in a month and then pay those out to workers in the month following. We think that that is a reasonable balance to strike. He asks why we are taking another five months to put this legislation in place. Clearly, we want to ensure two things—that we get this right and that we respect some of the pressures that exist in the hospitality sector, which has been through a difficult time, with increases in the national living wage, the cost of living crisis and the covid pandemic. We are trying to make sure that we take the sector with us, rather than impose unfair new burdens on it. We do not think that these measures are unfair, because we know that the majority of businesses would adopt these kind of rules even without this legislation.
The hon. Member for Glasgow East (David Linden) seemed to imply that we on the Conservative Benches were going to use Brexit to improve workers’ rights. I am always keen to improve workers’ rights, and we have done so in this Parliament, but I remember his party clearly saying that Brexit would be a bonfire of workers’ rights and that certainly has not been the case.
David Linden
Does the Minister consider that workers’ rights have improved? If he does, why is it that trade union organisations across Europe recognise that the UK has some of the worst employment rights across Europe?
Kevin Hollinrake
Yes, those rights have got better. We have introduced legislation that covers the right to request flexible working, neonatal care leave, carers’ leave, protection to cover redundancy during pregnancy and return to work, the right to request predictable terms and conditions, the tipping Bill, and shared parental leave. All those things have been introduced, or supported, by this Government. We see those protections not as an opportunity to create a wedge issue, but as the right thing to do by our workers.
David Linden
Is the Minister seriously trying to tell the House that the former Secretary of State, the right hon. Member for Welwyn Hatfield (Grant Shapps), did not relish the opportunity to bring forward the Strikes (Minimum Service Levels) Act 2023, seeing it as a wedge issue that would cause trouble with the Labour party? Come on!
Kevin Hollinrake
That is a refrain that we constantly hear from the SNP. To be fair to the hon. Gentleman, he did refer to ensuring that we worked alongside hospitality on the guidance, but apart from that, there was nothing in his remarks about the needs of business, and the legislation is about the needs of business. The strikes that affected this country, particularly at the end of last year and in the year before last, cost the hospitality sector around £3 billion. That is why we legislated as we did, and we feel it was the right thing to do.
The hon. Gentleman would do well to reflect further on the needs of business as well as the needs of workers. We believe that there is a balance to be struck, and he has got that balance wrong in Scotland. Hon. Members need not listen to me; just look at the numbers. The most recent figures for economic growth in Scotland over the 10 years from 2011 to 2021 show Scotland’s cumulative GDP growth at 7.2%, England’s at 14.9% and the whole of the UK’s at 12.9%. SNP MPs would do better to go back to their nation and constituency and drive economic progress forward.
My hon. Friend the Member for Watford (Dean Russell), who has done such good work in this area, talks about fairness. I know he stands up for fairness, and for Watford; I have seen the amazing montages of all the times that he has mentioned Watford in this Chamber. He deserves plaudits for his work. He says that he was lucky, but as the great Gary Player said, the harder you work, the luckier you get. The success that my hon. Friend has been an instigator of today is due to his hard work and determination. He talks about what we have done on communications, working with employer groups, employee groups and the hospitality sector. Yes, we do that—we work with trade unions, ACAS, UKHospitality, the British Beer and Pub Association, the British Institute of Innkeeping and others to ensure that the code of practice and the guidance that will follow will leave them fully cognisant of the requirements on the sector—a sector that is so important to our economy.
My hon. Friend the Member for North Wiltshire (James Gray) said he does not like giving tips. He is free not to give a tip if he does not feel it is appropriate, but most people would say that for good service, they would be prepared to provide a tip. The key point of this legislation is that that tip should be retained by the individuals who provided the service.
James Gray
May I correct the impression my hon. Friend has given of what I said? I did not say that I do not like giving tips. I like giving tips—I am quite a generous tipper, I think. However, I wish I did not have to. I wish people were paid enough to make tips unnecessary. That was the point I was making.
Kevin Hollinrake
My hon. Friend makes a very good point. Of course, we have increased the national minimum wage by record amounts this year to try to make sure that people get paid enough. It did surprise me to think that he would not be a generous tipper, because he has been generous in all my interactions with him.
Finally, my hon. Friend the Member for Ynys Môn (Virginia Crosbie) talked about her constituents and the benefits that the code will bring—£900,000 in her constituency, I think she said. She does a great job for her constituents. I must say that my daughters are both pretty pleased with the code as well, as they both work in local establishments.
When the code and other provisions on tipping come into force in October, we will right a wrong and ensure that tip money goes where it should: to the workers who provided the service. We will continue to monitor the operation of the code and the major industries that it covers, and we will not hesitate to amend it—with parliamentary approval, of course—if necessary. I can also confirm that additional, non-statutory guidance will be published before the code comes into force, to provide further background and help employers to remain compliant with the requirement. I commend the motion to the House.
Question put and agreed to.
Resolved,
That the draft Code of Practice on Fair and Transparent Distribution of Tips, which was laid before this House on 22 April, be approved.
Business of the House (Today)
Ordered,
That, at this day’s sitting, the Speaker shall put the Question necessary to dispose of proceedings on the Motion in the name of the Prime Minister relating to War Graves Week not later than 7.00pm or not later than three hours after their commencement, whichever is the later; proceedings on that Motion may continue, though opposed, after the moment of interruption; and Standing Order No. 41A (Deferred divisions) and provisions of Standing Order No. 9(3) relating to motions that this House has considered a specified matter shall not apply.—(Mr Gagan Mohindra.)
Draft Product Safety and Metrology etc. (Amendment) Regulations 2024
Kevin Hollinrake Excerpts(5 days, 12 hours ago)
General CommitteesRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Minister of State, Department for Business and Trade (Kevin Hollinrake)
I beg to move,
That the Committee has considered the draft Product Safety and Metrology etc. (Amendment) Regulations 2024.
It is a pleasure to serve with you in the Chair, Ms Rees. To place many manufactured goods on the market in Great Britain, ranging from toys to machinery, manufacturers must ensure that products comply with the requirements of product regulations. Following EU exit, many EU product regulations were integrated into UK law and we introduced the UK conformity assessed regime, or UKCA, as our domestic product regulation approach in Great Britain. Since 1 January 2021, the UKCA has been in use alongside recognition of the EU’s CE and reversed epsilon markings.
That recognition of the EU’s CE and reversed epsilon markings is due to end on 31 December 2024. Many manufacturers with products in the scope of this draft statutory instrument would therefore have no choice but to meet UKCA requirements to legally sell their products in Great Britain. The Government know that businesses are facing increasing burdens, with cost of living pressures and global supply chain challenges. As part of our smarter regulation programme, we are minimising regulatory burdens where feasible, to reduce business costs and to help grow the economy. That is why we are introducing this instrument to continue the recognition of the EU requirements, using powers under the Retained EU Law (Revocation and Reform) Act 2023.
Last year, the Government held a series of roundtables to hear views from industry, including representatives from about 200 domestic and 50 international businesses. Industry in the UK and businesses that supply Great Britain from abroad indicated that ending CE recognition and mandating UKCA would cause issues for their businesses. It could increase costs and require duplicative processes, leading to higher prices and less choice for consumers in Great Britain. Some overseas suppliers also reported that they might reduce or stop sales to Great Britain entirely. This draft instrument will continue recognition of EU requirements, including the CE and reversed epsilon markings, providing businesses with the choice to use either EU markings or UKCA to place products on the market in Great Britain.
Furthermore, the draft instrument will introduce a fast-track UKCA measure, which will provide manufacturers with more flexibility when using the UKCA marking to place products on the market in Great Britain without compromising on the legal requirements. This instrument will apply to 21 product regulations managed by the Department for Business and Trade, the Department for Energy Security and Net Zero, the Department for Environment, Food and Rural Affairs, and the Health and Safety Executive under the Department for Work and Pensions. The Government are taking a tailored approach to ensure that regulation works for sectors and consumers covered by different regulations, including those outside the scope of the draft instrument. We have listened to feedback from the industry, and this draft instrument is designed to remove costs and burdens for businesses and to provide certainty on our approach to product regulation.
Nigel Mills (Amber Valley) (Con)
Will the Minister expand a bit further? Is he in discussion with any other regulatory regimes around the world that we think might have a sufficiently robust regime? We could just recognise those regimes for certain product lines and so reduce costs, not just for EU manufacturers. Are any such discussions about that being reciprocal, so that they recognise our quality standards as well?
Kevin Hollinrake
That is an interesting point. We are always keen to look at best practice internationally. Conversations are going on with other international regimes, including the USA, in particular in other areas not covered by this draft statutory instrument—for example, in the medical products sector. Although we are keen to strike mutual recognition agreements with different jurisdictions, I think it is fair to say that the EU is less keen to strike one. We should bear in mind some of the history and the proximity of the UK to EU markets. That is something that we are definitely keen to engage with, in particular under the auspices of our trade and co-operation agreement, which is the overriding mechanism for easing those barriers at the borders.
We estimate the draft instrument will save UK businesses £558 million over the next 10 years. It will also help ensure that goods in scope can be sold throughout the UK without needing different product markings and the associated conformity assessments required for each. We recognise that the instrument may reduce demand for the UK’s conformity assessment market. My officials continue to work with the UK Accreditation Service—UKAS—and industry to monitor the capacity of the conformity assessment body market, ensuring there is sufficient capacity to support a domestic route to market for relevant UKCA products.
Technology and manufacturing will continue to evolve. Therefore, in future the UK or the EU might need to make changes to product regulations. The Government remain able to mandate different rules in Great Britain, where we have relevant powers and it is in the interests of UK businesses and consumers. The product safety review is looking at the regulatory framework as a whole to ensure it is fit for the digital age and takes advantage of the UK’s regulatory autonomy to deliver a regime suited to the needs of UK businesses and consumers. Officials will continue to monitor ongoing EU product regulation reviews and updates.
Where EU regulations change, we will consider whether to continue recognition of EU rules on a case-by-case basis, taking into account the views of industry and consumer safety. The Government will introduce legislation later this year for additional measures to support businesses, including introducing permanent labelling flexibility and voluntary digital labelling as an alternative means of product labelling. I will share information with the House in due course. In the meantime, I trust Members will support this important instrument.
Kevin Hollinrake
I thank hon. Members for their contributions, I will deal with the key points raised. The shadow Minister, the hon. Member for Bethnal Green and Bow, talked about a dogmatic, ideological approach and about the Government persisting in travelling in the same direction, but admitted in the same breath that we have twice changed the deadline on the CE marking, and we have now changed it again to make it indefinite. As will always be the case with the Conservative party, we are for business because we are from business; we listen to businesses and we are pragmatic. As I said earlier, we have had 46 roundtables and engaged with 200 domestic and 50 international businesses. As the facts change, we change our mind, and it is important that we reflect the needs of businesses.
The hon. Lady talked about wasted money, but this money has not been wasted, in that the UKCA regime still applies and is still available to businesses that want to place goods just in the GB market. We have not legislated permanently never to reintroduce the UKCA marking; we are very much taking a case-by-case approach to sectors and products that we feel will benefit from a UKCA marking rather than a CE marking.
The point I would put back to the hon. Lady is that, as is often the case with the Opposition, we hear lots of criticism from people standing on the sidelines, but they do not have any definite plans themselves. Is she saying that she would not have a UKCA marking? Is she saying that she would permanently adopt a CE marking, which would mean she would have to settle for dynamic alignment? I am interested to know what her approach would be, so perhaps she could set it out when she addresses these points in future. [Interruption.] Does she want to intervene?
Rushanara Ali
Yes, I would be happy to. If the hon. Gentleman wants to get the Prime Minister to call a general election, I would be very happy to set out what the Labour party would do if we were in government, but he is the Minister. I have acknowledged the positive role he personally has played, but his predecessors were moved around—week after week, in some cases—and businesses unfortunately had to deal with industrial-scale uncertainty. As he will have heard, that was extremely damaging for confidence and made it hard for businesses to operate. I have separated out his role from those of his predecessors and previous Prime Ministers, and I hope he can acknowledge that I have been fair in the way I have reflected on it versus what happened before, but I call on him to call a general election so that the Labour party can get going and deliver for business.
Kevin Hollinrake
That is slightly above my pay grade, but I acknowledge what the hon. Lady said about my role. I have been here 18 months, and I am pleased to have been in the job, but I also have great respect for my predecessors.
The hon. Member for Walthamstow described what has happened as an unmitigated disaster for businesses. I would point out that the UK is now fifth in the global league table for trade; it was sixth, but we have just gone past France. We are the fourth largest exporter in the world; we were seventh, and we have again gone past France. We are third in terms of GDP growth, whether we look at the period since 2010, since the pandemic or indeed since Brexit. We are the second largest exporter in the world of financial services. We have the largest number of unicorns in Europe—businesses that have gone from start-up to a $1 billion valuation—and twice as many as France and Germany combined. So there are many, many positive things that the hon. Lady might reflect on rather than looking at the difficulties she describes for businesses.
I think the hon. Lady said that we should dynamically align with everything the European Union does and that that would be helpful for business. Let me point out some of the things that she would forgo if she took that approach: the move to digital labelling on a voluntary basis, which businesses greatly welcome; the changes we have made to things such as the working time directive, holiday pay and GDPR, and to the product safety regulations, which will make it easier for businesses to comply with those regulations; the Digital Markets, Competition and Consumers Bill, which will hold big tech companies to account to help small and medium-sized enterprises, in a completely different and we think much better way than the EU; free trade agreements with 73 countries, including Australia and New Zealand; and accession to the comprehensive and progressive agreement for trans-Pacific partnership and thus one of the largest growing markets in the world. None of those things would have been possible had we stuck in the European Union, as the hon. Lady wanted, or continued with dynamic alignment with European Union rules. She asked whether we will continue to dynamically align. We will take that on a case-by-case basis. The UKCA mark is still there where we decide to diverge from the European Union.
I did not get the hon. Lady’s point about the net benefit. The net benefit is set out quite clearly in the impact assessment: £64.8 million in the first year and £558 million over a 10-year period. I am happy to write to her if she wants to write to me—
Stella Creasy
I thank the Minister. I am merely pointing out that the reason why those net benefits exist is about the option of keeping the existing CE mark, as opposed to moving wholly to the UKCE mark that the Government originally put out. The Minister’s own impact assessment suggests that for British business to have done that would have cost them £1.6 billion. That is why this is a fantasy, and that is why the question what happens if businesses diverge from these requirements comes into play. I hope the Minister will answer that, because it would be helpful to understand what the Government think will happen if businesses do, after all that, still want to follow his UKCE mark and pay that cost.
Kevin Hollinrake
I thank the hon. Lady for her intervention. It is the UKCA mark, by the way. The reality is that we will take this on a case-by-case basis. Where there are good reasons to diverge for a product or sector, we could use the UKCA mark and diverge from the European Union. We are not going to diverge right across the piece; we can have the best of both worlds. We can make it easier for businesses that want to trade across borders in the European Union and the UK, but we can diverge where necessary using the UKCA mark.
Before I conclude, I will give way to my right hon. Friend.
George Eustice
I am grateful to the Minister for giving way so late. I assure him that I am not going to be difficult; I support what he is trying to do. Paragraphs 44 and 45 of the impact assessment make it clear that, under the Product Safety and Metrology (Amendment and Transitional Provisions) Regulations 2022, the Government intended for there to be a very strong dose of mutual recognition. Those regulations provided that if somebody had a CE mark, that could be recognised and used and they would not have to go through additional tests, and that that would stand until 2027 or for the life of the certificate. What consideration did the Government give to just extending that 2027 deadline so that we retained control while having very sensible easements in place and recognising the CE mark for as long as it is valid enough to be recognised?
Let me make a second point about spreading this approach to other areas. I encourage the Minister to resist that. I looked at it very closely on issues such as chemicals and pesticides when I was in DEFRA, and there were serious doubts about whether the European Union would have the technical expertise to do some of these things correctly once British officials had been withdrawn from working groups. We cannot rely on the European Union to make adequate assessments of these products in the long term.
Kevin Hollinrake
I am very happy to take up my right hon. Friend’s first point in more detail offline. The thing that we are dealing with here is the expiry of CE certification by the end of this year. On UKCA certification, he is right to say that the deadline is 2027, but that tackles a separate problem. The problem we are trying to solve here is making sure that businesses have the consistency and continuity of being able to use the CE marking. On other sectors, such as chemicals, my right hon. Friend is a much greater expert than I am, and I am sure he will be making approaches to the relevant Ministers about those areas. I certainly urge him to do so and to use his experience in that regard.
Without this legislation, from 1 January 2025 businesses that do not comply with UKCA requirements will not legally be able to place their products on the Great British market. Industry identified that that could increase costs, leading to higher prices and less choice for UK consumers—indeed, as I said, there will be a saving of £558 million to businesses over 10 years. Our officials will of course continue to engage with industry. The Government are committed to high levels of protection for UK consumers and continue to take a pragmatic approach to improving regulation to benefit businesses and consumers. I urge the Committee to approve the regulations.
Question put and agreed to.
Resolved,
That the Committee has considered the draft Product Safety and Metrology etc. (Amendment) Regulations 2024.
Universal Postal Service Order: Rhondda
Kevin Hollinrake Excerpts(1 week, 3 days ago)
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The Minister of State, Department for Business and Trade (Kevin Hollinrake)
It is a pleasure to serve with you in the Chair, Mr Henderson. Would you mind indicating what time we are due to conclude? I am a little bit lost.
Kevin Hollinrake
I am very grateful, Mr Henderson.
I thank the hon. Member for Rhondda (Sir Chris Bryant) —I could not believe he is not a right hon. Member— for securing today’s important debate. I will touch on the specific situation in the Rhondda, as well as the wider situation. If I may, I will talk about the wider situation first.
Clearly, we recognise the points that the hon. Gentleman made. Mail is very important to our constituents for all kinds of different reasons, ranging from hospital appointments to cards and letters, which are very important to our constituents and will remain so. In the last financial year, all postal operators delivered around 3.6 billion parcels across the UK, and Royal Mail delivered 7.3 billion addressed letters—I will come to the point about prioritisation shortly. The hon. Gentleman did not directly refer to any changes in the universal service obligation; he wants to leave that for another day.
Gordon Henderson (in the Chair)
Order. The sitting is suspended for 15 minutes for a Division in the House. I will allow 10 minutes for each subsequent Division.
Gordon Henderson (in the Chair)
Order. The sitting is resumed and the debate may now continue until 5.17 pm.
Kevin Hollinrake
Thank you, Mr Henderson. On the universal service obligation, I know the general obligation was not something that the hon. Member for Rhondda focused too much on, but it is important to say that we believe the six-days-a-week service should remain. We have been very clear about that. Ofcom has the primary duty to secure its provision. Despite the fact that letter volumes have halved in the last decade, which has put further pressure on making the service viable, it is right that the Prime Minister and I make it clear that the importance of maintaining a Saturday delivery service is that it provides flexibility and convenience. We will not countenance scrapping it, not least because of the impact that would have on the greeting card, magazine and similar industries.
I will come to Rhondda specifically, but on the main point the hon. Member for Rhondda raised about the general quality of service, we understand that we have had a number of complaints. It is one of the most frequent items that comes across my desk in correspondence or meetings with fellow Members of Parliament. Ofcom obviously has the powers to investigate and take enforcement action where failures are identified. It did so when it fined Royal Mail £5.6 million earlier this year for its contravention of conditions in 2022-23. Ofcom is obviously monitoring this to make sure that the service improves.
The latest published quality of service results for quarter 3 of 2023-24 showed that Royal Mail continues to fail to meet its first and second class delivery targets. It is quite clear that the service is not at the level we want to see. I met Martin Seidenberg, chief executive of the parent group, and made that point to him clearly. He accepted that this was the case, and that things need to improve. One thing about prioritisation, which the hon. Gentleman referred to, is that—
Kevin Hollinrake
To be clear, the hon. Gentleman was referring to whether Royal Mail is prioritising parcels over letters. Ofcom looked at that to see whether it was a feature of some of the problems behind the service level, and it did not identify any suggestion that Royal Mail’s senior management had directed the prioritisation of parcels. Nevertheless, I think we are all concerned about anecdotal stories at a local level that suggest it may be the case. We absolutely do not want to see that happen.
The strategy for Royal Mail that Martin Seidenberg set out gave me some comfort, although it is actions not words that we want to see. It included accelerated recruitment of permanent workers, reinforced operational management at regional and local levels, and tackling sickness and absence. Three thousand additional postal workers have been recruited, and Royal Mail has introduced new sickness and attendance policies, which it claims are playing a significant part in reducing absence.
Royal Mail recently delivered its best-performing Christmas period in four years, with more than 99% of items posted before the last recommended posting dates arriving by Christmas eve. It is encouraging that following an agreement with the Communication Workers Union, results are beginning to improve, with sickness absence reportedly down by about 25% by the end of December compared with 2022, and only 0.2% of the daily 54,000 walks could not be resourced on any given day by the end of December. Royal Mail advises that its most recent performance data from the start of 2024 is much stronger, particularly the service levels for first class mail, reflecting some of the changes that have been made.
As I say, it is actions we want, not words. I know that the hon. Gentleman will not be satisfied until he sees changes on the ground.
Sir Chris Bryant
I wonder whether the Minister could do me a favour. Could he ask Royal Mail to provide data for my area every month on how they are doing with the USO and how much they are meeting? I have tried to get that information myself, but I find it difficult. I am sure it would be more effective if he asked.
Kevin Hollinrake
I will take that away, and I am very happy to look at it, because I believe in holding Royal Mail’s feet to the fire. There may be an advantage if we look at that at constituency level.
I note the hon. Gentleman’s point that mail is sporadic and there is often no mail or it arrives late, resulting in missed appointments or fines and all those things. These are very serious issues, so I can understand his frustration. He said that he has had considerable contact with Royal Mail about those service issues, as is right—he is a very diligent Member of Parliament, and we urge other colleagues to do the same. Royal Mail reports that service in the area was disrupted due to sickness absence in some parts of his area being higher than average, and it was not a good picture across the board anyway. The time taken to recruit staff has also contributed to gaps in the service.
Royal Mail has acknowledged that it has not been able to deliver a consistently high level of service to the hon. Gentleman’s constituents. I understand that the issues have centred around the Ferndale and Mid Rhondda delivery offices. In Ferndale I understand that last month there were six members of staff absent and that some customers may have experienced disruption to their deliveries. Royal Mail has now advised that absence levels have since been reduced, with fewer members of staff currently absent through sickness. In Mid Rhondda, there are currently three staff absent on sick leave and Royal Mail is currently recruiting an additional postal worker.
Royal Mail reports that it is currently delivering to all addresses served by both delivery offices six days a week when there is mail to deliver, and if postal workers cannot deliver on a given day, mail will be prioritised the next working day. We are assured that it is actively working on measures to restore service levels, and while it tries to tackle the local service issues, no address will go without a mail delivery for more than two days. I am sure the hon. Gentleman will update me regularly if that proves not to be the case.
I understand that the hon. Gentleman was due to visit one or both of those delivery offices in March, but that was postponed. He is looking at me very quizzically; maybe that was not the case. Royal Mail will be in touch with him to try to arrange a new date, if he would like to visit again. We would definitely urge Royal Mail to do that when constituency Members of Parliament are not happy.
The hon. Gentleman raised an important point about complaints. If he googles the Royal Mail customer service centre, which I am sure he has, there is a phone number and an online form to fill in. There is also an independent dispute resolution service—the postal redress service—which can try to resolve disputes. Citizens Advice can also provide assistance to constituents and constituency Members of Parliament to resolve these issues. He could also write to Ofcom to ensure that it is aware of the service difficulties he is experiencing. On his point about whether Royal Mail is obscuring the level of service, moving mail to a van outside and bringing it back in, that would be totally unacceptable. If the hon. Gentleman has evidence of that, will he please raise it with me or directly with Royal Mail?
The hon. Gentleman raised a point about the lack of banks and available cash on high streets. We have legislated for that, and post offices play an important part. I also look after them, as he will be aware. Banking hubs might feature in the towns and villages in his constituency in the coming months and years. I have also just replied to his letter on counterfeit stamps, which he should receive. [Interruption.] The hon. Gentleman acknowledges that he has received a copy.
Sir Chris Bryant
It suddenly occurred to me that there might be a general election later this year. One part of what the Post Office is required to provide is the freepost delivery. How confident is the Minister that the Royal Mail will be able to deliver that in a timely fashion to the right constituents in the right places across the whole of the country?
Kevin Hollinrake
That is a matter close to both our hearts and those of others in the room today. Speaking from my own perspective, as someone who is not easily convinced or easily has the wool pulled over his eyes with reassurances, I was impressed by Martin Seidenberg, but people will be convinced only when services improve. I have set out some of the ways that they should improve. There is a personnel issue, as well as some management ones. There have been some steps forward, as I set out earlier. That should help to secure the improvements that the hon. Gentleman and I want to see.
As I said before, it is not words but actions that we want to see. I am happy to hear from Members across the House to ensure that service levels are where we want them to be. We are committed to ensuring that we have a financially sustainable and efficient universal postal service for all users in all constituencies. I would like to ensure that Members of this House are able to bring concerns to me whenever they or their constituents are disappointed with local services. I ask the hon. Gentleman please to ensure that I am aware of the difficulties that he sees on an ongoing basis. With that, I will conclude my remarks.
Question put and agreed to.
Oral Answers to Questions
Kevin Hollinrake Excerpts(2 weeks, 2 days ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
The Minister of State, Department for Business and Trade (Kevin Hollinrake)
On Monday, the House agreed a Government amendment to the Horizon exoneration Bill—the Post Office (Horizon System) Offences Bill—to include convictions in Northern Ireland. The Northern Ireland Executive faced unique challenges in delivering their own legislation in a timely manner. Including Northern Ireland in the Bill ensures that postmasters there are not left behind, and receive exoneration and access to compensation on a UK-wide basis.
Jim Shannon
First, let me put on record my thanks to the Minister, who has been an industrious, assiduous and great champion for the postmasters and postmistresses across this United Kingdom. There is not a person in the House who does not have great respect for him.
Further to Monday’s business in the House regarding that Northern Ireland provision in the Horizon Bill, which was brought forward by my hon. Friend the Member for North Antrim (Ian Paisley) and my right hon. Friend the Member for East Antrim (Sammy Wilson), will the Minister outline a timeline so that postmasters and postmistresses across all of Northern Ireland can see an end to the reputational and financial damage, and the heartache caused by the disgraceful operation of the Horizon scheme?
Kevin Hollinrake
I thank the hon. Gentleman for his kinds words. It is always a pleasure to work with him and his colleagues. It is our intention that the legislation will clear both Houses by July, although obviously not all of these things are within our gift. Should that be the case, as we fully expect it to be, the convictions will be quashed in July and compensation redress will be paid from August.
Sir Desmond Swayne (New Forest West) (Con)
Rob Butler (Aylesbury) (Con)
The Minister of State, Department for Business and Trade (Kevin Hollinrake)
I thank my hon. Friend for his question and for his work as one of our trade envoys to the Kingdom of Morocco—I know he is a true diplomat and the soul of discretion. We recently announced that we were raising the monetary thresholds that determine company size, reducing burdens on smaller businesses and removing low-value and overlapping reporting requirements. Around 13,000 medium-sized companies will be reclassified as small companies, and 100,000 small companies will be reclassified as micro-companies. This will save small and medium-sized companies around £145 million a year.
Rob Butler
I visit many small businesses in my Aylesbury constituency, and I am always incredibly impressed by their spirit of entrepreneurship and the huge effort and hard work that they put in to succeed. They want to be able to devote as much of their skill and time as possible to finding new customers, selling more of their products and creating jobs, not to bureaucracy, admin and onerous regulation. As the true party of business, our Government have already made great progress supporting business, as the Minister has just outlined, but what more can his Department do to help the small and micro-firms that are the engine of our economy?
Kevin Hollinrake
My hon. Friend is a real champion of small business, and we meet often talk about these matters. This Government’s policies have pushed the UK to third place in the OECD rankings for start-ups—third out of 39 countries—and we have a suite of programmes to help small businesses. Most importantly, we offer access to finance, with our Start-Up Loans Company, growth guarantee scheme and equity investment schemes, the seed enterprise investment scheme and the enterprise investment scheme. We offer supportive advice through our Help to Grow management suite, including our newly launched “Help to Grow: Management Essentials” course, which is two hours’ free online training for small businesses. We are also removing barriers through non-financial reporting. As well as the monetary size thresholds, we are consulting on increasing the employee size thresholds from 250 employees for a medium-sized company to 500, which will save medium-sized companies a further £150 million a year.
Mr Tanmanjeet Singh Dhesi (Slough) (Lab)
Alongside the despair and financial pressures faced by small businesses, the British Poultry Council recently reported that unreciprocated EU border checks have unfairly saddled UK exporters with £55 million a year in extra costs, while their EU counterparts pay absolutely nothing. Does the Minister agree that this Government’s failure to negotiate a fair sanitary and phytosanitary agreement with the EU has directly undermined British businesses and exposed our exporters to severe competitive disadvantages?
Kevin Hollinrake
I am surprised that the hon. Gentleman’s question is put that way. We are trying to make sure that we have a fair and level playing field for UK exporters and EU exporters. Of course we need checks on the borders on that basis—it would not be fair to UK producers if that was not the case—but what he is pushing for in a sanitary and phytosanitary agreement is what his hon. Friend the hon. Member for Harrow West (Gareth Thomas) was pushing for: dynamic alignment with the EU, which would lock us into EU rules permanently. We do not believe in that. We believe we have a bright future outside the European Union. He would lock us back into the customs union and the single market.
Patrick Grady (Glasgow North) (SNP)
The Minister of State, Department for Business and Trade (Kevin Hollinrake)
The 568 ml pint quantity is one of several changes to pre-packed wine sizes that are expected to come into force on 19 September 2024, supporting the thriving UK wine sector by providing opportunities for innovation and greater choice. In light of those changes, Wine GB—which represents producers—said:
“We welcome the chance to be able to harmonise still and sparkling bottle sizes and we are happy to raise a glass to the greater choice that allows UK producers for domestic sales.”
Patrick Grady
That answer is nowhere near as definitive as the press release that the Minister’s Department put out on 27 December last year—which is still on the Government website—with the headline
“‘Pints’ of wine stocked on Britain’s shelves for the first time ever”.
That headline did not say “will be stocked”, “might be stocked” “could be stocked”, or “to be stocked”; it implied that pints of wine were, and are, available to buy right now in shops across the UK. Will the Government admit that the reality is that there has been little to no demand for, or interest in, that supposedly glorious Brexit benefit, and that in fact it is entirely possible that pints of wine will never be stocked on UK shelves?
Kevin Hollinrake
It is never difficult to distinguish the hon. Gentleman from a ray of sunshine, is it? Our wine industry is thriving, with over 900 vineyards across Great Britain. The UK wine industry produced 12.2 million bottles of wine in 2022, and our new post-Brexit powers provide us with new options. Those include new legislation that aligns existing sizes across still and sparking pre-packed wine so that both can be sold in 200 ml and 500 ml quantities, for which we know there is good demand.
Wera Hobhouse (Bath) (LD)
Dr Thérèse Coffey (Suffolk Coastal) (Con)
The Minister of State, Department for Business and Trade (Kevin Hollinrake)
I thank my right hon. Friend for her work on this, and she raised this important matter with me at meetings last month. We allocate £50 million for the uncommercial part of the network, and part of that should help the services in her constituency. I know she is disappointed at the closure of the outreach service in Kelsale, but there is an alternative permanent post office branch in Saxmundham, 1.3 miles away. I am happy to continue the conversation between her and the post office to make sure that she gets the services she needs in her constituency.
Rushanara Ali (Bethnal Green and Bow) (Lab)
Shoplifting cost UK retailers £1.8 billion in 2023, the highest figure on record. The Government’s £200 shoplifting threshold has effectively decriminalised this offence, which is costing businesses dear. What discussions has the Minister had with the Home Secretary about scrapping it, as Labour plans to do, so retailers and customers are protected and high street businesses can thrive?
Kevin Hollinrake
It is not true to say that we have decriminalised thefts under £200. The hon. lady needs to speak to police officers and her local chief constable to make sure she understands how this works. I have worked very closely with the Home Office and the Policing Minister to make sure we have a retail crime action plan, which includes a vexatious offence with more severe sentences for people who assault shop workers. We have got an action plan together and it is working well with retailers, and I am very keen to see her support that plan.
Rushanara Ali
Well, it is not working, and the Minister and the Secretary of State should take this seriously, because it is damaging our high streets and causing huge concern up and down the country. He and the Secretary of State should go and meet those businesses, and hear from them directly.
Turning to another issue, we have seen 14 years of Conservative under-investment in public infrastructure, a failure to provide certainty and a failure to get a grip on the economy. Business investment has also suffered. Had it matched the average investment levels of France, Germany and the US, our GDP would be nearly 4% higher today, and wages would have been boosted by £1,250 a year. Can the Secretary of State outline how she plans to fix this crippling investment gap, and what will she do to make sure businesses get the support they need so that we can get the economic growth this country desperately needs after 14 years of under-investment?
David Mundell (Dumfriesshire, Clydesdale and Tweeddale) (Con)
Are Ministers as concerned as I am about continued reports that Royal Mail is determined to move away from a six-day service? In a large rural constituency such as mine, with an older population, people continue to rely on the Royal Mail for important communications. Can the Minister make clear that that is not the direction of travel the Government want Royal Mail to go in?
Kevin Hollinrake
We absolutely agree with that point, and we have been clear with Royal Mail and the regulator Ofcom that we want a continued six-day service. Royal Mail and hopefully Ofcom will have heard what my right hon. Friend and I are saying today: the six-day service must continue.
Jim Shannon (Strangford) (DUP)
Christine Jardine (Edinburgh West) (LD)
The village of Kirkliston in my community recently became the latest to lose its post office—there have been a whole series of closures. That community is not isolated, but it is not in the centre of Edinburgh, and there is no alternative. As I say, it is one of a series, so can the Minister tell us what the Government are going to try to do to halt this decline in post offices?
Kevin Hollinrake
As I said in response to an earlier question, we put in £50 million to support the uncommercial parts of the network. I am sorry that the post office that the hon. Lady mentions has closed. I am happy to meet her to see what we can do to ensure that there is a local post office. There are network access requirements on the Post Office, and 99% of the population must be within 3 miles of a post office. If that is not the case in her area, I am happy to do what I can to ensure that that is rectified.
Kevin Brennan (Cardiff West) (Lab)
When the Minister for Trade Policy, the right hon. Member for Chelsea and Fulham (Greg Hands), bragged to my hon. Friend the Member for Rhondda (Sir Chris Bryant) earlier that his trade envoys had to have a qualification of “diplomacy and discretion”, did he have in mind the former trade envoy to Colombia, the hon. Member for Fylde (Mark Menzies)?
Mrs Pauline Latham (Mid Derbyshire) (Con)
Could the Secretary of State explain what she is doing to help businesses in my constituency that have difficulties because we do not have the skills to increase the business—they cannot expand because they lack some skills? Could she explain what she is doing to help with that skills shortage?
Kevin Hollinrake
I thank my hon. Friend for championing businesses in her constituency. We are putting £3.8 billion into skills training for people who work for businesses, which is important. We are also improving skills for entrepreneurs and business owners through our help to grow management programme—it can be found on the help to grow webpage—a 12-week mini-MBA, which is 90% funded by the Government. We also have “Help to Grow: Management Essentials”, which offers two hours of totally free online training for aspirant new business owners.
Nick Smith (Blaenau Gwent) (Lab)
Can the Secretary of State tell us about the UK’s supply of cyber-security professionals and whether a lot of that work is now being offshored?
Digital Markets, Competition and Consumers Bill
Kevin Hollinrake ExcerptsTuesday 30th April 2024
(2 weeks, 4 days ago)
Commons ChamberRead Full debate Digital Markets, Competition and Consumers Bill 2022-23 View all Digital Markets, Competition and Consumers Bill 2022-23 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Commons Consideration of Lords Amendments as at 30 April 2024 - (30 Apr 2024)
The Minister of State, Department for Business and Trade (Kevin Hollinrake)
I beg to move, That this House disagrees with Lords amendment 9.
Mr Deputy Speaker
With this it will be convenient to discuss:
Lords amendment 12, and Government motion to disagree.
Lords amendment 13, and Government motion to disagree.
Lords amendment 19, and Government motion to disagree.
Lords amendment 26, and Government motion to disagree.
Lords amendment 27, and Government motion to disagree.
Lords amendment 28, and Government motion to disagree.
Lords amendment 31, and Government motion to disagree.
Lords amendment 32, and Government motion to disagree.
Lords amendment 38, Government motion to disagree, and Government amendment (a) in lieu.
Lords amendment 104, and Government motion to disagree.
Lords amendments 1 to 8, 10, 11, 14 to 18, 20 to 25, 29 to 30, 33 to 37, 39 to 103 and 105 to 148.
Kevin Hollinrake
It is a pleasure to bring this groundbreaking Bill back to the House. It will drive innovation and deliver better outcomes for consumers across the UK by addressing barriers to competition in digital markets and tackling consumer rip-offs. We believe it strikes the right balance, not deterring investment from big tech while encouraging investment from challenger tech. I thank Members of both Houses for their careful scrutiny and I commend the collaborative cross-party approach taken during the Bill’s passage to date.
I will start with the amendments that the Government made in the other place. They add vital new provisions to the Bill and I hope hon. Members will agree to them. Part 1 of the Bill establishes a new pro-competition regime for digital markets, which will be overseen and enforced by the Competition and Markets Authority’s digital markets unit. Following engagement with Members in the other place, we have bolstered transparency provisions to require the CMA to publish more of the notices provided to firms designated with strategic market status, or SMS.
All interested parties will now be able to access the information contained in those notices, ensuring that there is greater clarity on the DMU’s decisions relating to SMS designation, conduct requirements and pro-competition interventions. A number of hon. Members have called for provisions addressing asymmetry of information to be introduced to the Bill, so we hope this change will be welcomed.
On part 2 of the Bill, which deals with wider competition reforms, hon. Members will recall that on Report the Government added a provision on litigation funding, whose purpose was to restore the previously held understanding of the status of litigation funding agreements under the Competition Act 1998. Those provisions were important in providing a route to justice for groups with limited resources—for example, our sub-postmasters.
That step was taken in response to an earlier Supreme Court judgment that had made litigation funding agreements unenforceable. The Government have since acted by introducing the Litigation Funding Agreements (Enforceability) Bill, which will deliver on our commitment to addressing the impacts of that judgment in all types of proceedings. Consequently, the provisions in this Bill have been removed, as they are no longer required.
We also introduced new measures to part 2 to address concerns about the potential ownership of UK newspapers and news magazines by foreign states, as we heard very recently from the Secretary of State for Culture, Media and Sport. The Government know that we cannot overstate the importance of those publications to our democracy and have therefore taken decisive action to preserve the freedom of the press. By establishing a new regime within the Enterprise Act 2002, the Bill will prevent foreign states from having ownership of, or control or influence over, a UK newspaper or news magazine.
The Government are extremely grateful for the support offered by Members of both Houses in the development of these new measures. In particular, we thank Baroness Stowell of Beeston and Lord Forsyth of Drumlean for their engagement, and my hon. Friend the Member for Rutland and Melton (Alicia Kearns), who first secured a debate on the issue in January.
Parts 3 and 4 make important updates and improvements to UK consumer law. Having consulted on a series of reforms at the end of last year, the Government amended the Bill in the other place to introduce new measures that address fake reviews and drip pricing. Many hon. Members called for the Government to address those harms through the Bill, and I am pleased to say that we have been able to do so, following our public consultation.
We have also made amendments to further strengthen the ability of public bodies to enforce consumer law. We did so by extending so-called take-down powers to a wider range of enforcers. There has been a healthy debate in both Houses about the measures in the Bill aimed at tackling subscription traps. We listened carefully to the concerns expressed in the other place about the potential impact of those measures on charities and their ability to claim gift aid. In response, the Government amended the Bill to enable the Treasury to update gift aid rules. That mitigates any concerns about the Bill’s impact on charities. We are grateful to Lord Mendoza for highlighting the issue and for his engagement.
We also made a series of amendments to provide greater assurance and clarity for businesses about the new subscription measures, including addressing concerns about exiting contracts, cancellations, reminder notices and cooling-off periods. I hope that hon. Members agree that the amendments improve the Bill.
Sarah Olney (Richmond Park) (LD)
The Liberal Democrats welcome the fact that the Government are finally acting on the CMA’s recommendation, but will the Government support amendment 104, which is backed by the Liberal Democrats? It is about imposing requirements on secondary ticket sites. Often, people purchasing tickets from the sites do so at huge mark-ups on the face value of the ticket, and the ticket in question does not actually exist. The amendment would address those issues, reducing the risk of fraud by requiring proof of purchase. Does the Minister agree that we must do everything we can to ensure that this legislation is as robust as possible, to crack down on this type of fraud?
Kevin Hollinrake
I thank the hon. Lady for her intervention and for the amendment, which I will speak to in a moment. The Government have agreed to undertake a review of both primary and secondary markets, and I will deal with those issues later in my remarks. [Interruption.] I hear from the shadow Front-Bench spokespeople, but I think that is something that Labour proposed in earlier amendments, so obviously they have changed their position on that issue—not for the first time.
Finally, the Government made a number of minor amendments to the Bill in the other place. The majority are tidying-up measures, or otherwise small tweaks to the Bill, to ensure that it achieves its policy intent as effectively as possible.
I will now set out the Government’s position on the 11 non-Government amendments that were made to the Bill in the other place. The majority of the amendments seek to reverse or alter amendments made to the digital markets part of the Bill on Report in this House. There were three aims behind the Government’s package of amendments on Report in the Commons: first, to provide greater clarity to parties interacting with the regime; secondly, to strengthen the regime’s safeguards for the extensive new regulatory powers; and thirdly, to enhance the accountability of the regulator. The Government tabled the amendments following careful consideration of the views expressed by hon. Members across the House. We remain convinced that our amendments struck the right balance between the accountability of the CMA’s regulatory decisions and the flexibility to allow for targeted and proportionate action that tackles the unique competition challenges in digital markets.
Sir Robert Buckland (South Swindon) (Con)
My hon. Friend is right that the amendments that were agreed on Report in this House struck the right balance, and I am afraid that on this occasion I wholly disagree with the way their lordships characterised the matter in their debate. We are not arguing for a wholesale replication of the telecoms regime; we are simply making sure that, particularly with regard to penalties, which will be pretty onerous—and rightly so—there is proper discretion to allow a reviewing tribunal and reviewing court to consider the matter carefully, in a way that balances out the need for rigour and for temper when it comes to the power of the regulator.
Kevin Hollinrake
I thank my right hon. and learned Friend for his intervention and his earlier engagement, when he made his position on that point clear. He is right to say that penalties can be significant—up to 10% of global turnover—so it is fair that we allow organisations to challenge penalties on the merits of the case, but maintain the ability to impose pro-competition interventions and conduct requirements on platforms. The amendments made in the other place risk undermining that careful balance. For example, amendments to revert the appeals standard for fines to judicial review principles, to which my right hon. and learned Friend the Member for South Swindon (Sir Robert Buckland) referred, would remove a valuable safeguard on the significant new powers that the Bill gives the CMA, as would the removal of the requirement on the CMA to act proportionately. Meanwhile, amendments to the countervailing benefits exemption risk making the exemption less clear for stakeholders. Consequently, the Government have tabled a motion to disagree with those amendments.
Damian Collins (Folkestone and Hythe) (Con)
The point about a “proportionate” response is relevant. In the original drafting of the Bill, the word used was “appropriate.” The Government changed that to “proportionate” on Report in this House, and the Lords have sought to reverse that change. What does the Minister think was disproportionate, if you like, about the word “appropriate”? What about it struck the wrong balance? Ministers keep saying that they think things strike the right balance, but they never really explain why.
Kevin Hollinrake
We have engaged significantly, throughout the Bill’s passage and before it was introduced, with large tech and challenger tech. Our understanding is that all those cohorts are happy with where the Bill is today. Certainly, during that engagement, concerns were raised about the term “appropriate,” but the clear position that we expressed to those who raised that concern was, “Of course, there is a requirement on the CMA to act proportionately.” Putting that in the Bill does not undermine its basic principles. In fact, we understand from the situation in the European Court of Human Rights, and the property rights emanating from it, that all those things are baked in anyway, so we do not feel that the wording weakens the legislation at all, but it does strike the right balance between those two different courts.
Sir Jeremy Wright (Kenilworth and Southam) (Con)
It is clearly important that we understand what “proportionate” means in this context. Is the Government’s position that proportionality implies that there is more for the CMA to think about than just how effectively the imposition of a conduct requirement would fulfil the CMA’s requirements? If so, what can the Government do to make that clear, so that courts and tribunals that consider such cases do not fill in the gaps themselves? The words “appropriate” and “proportionate” could be interpreted quite widely if the Government are not clear about what they mean by them.
Kevin Hollinrake
My right hon. and learned Friend will know from his legal background that the term “proportionate” is well established in law. Of course, the courts play an important part here. We do not prescribe everything in our legislation; there is quite rightly the opportunity for people to challenge certain decisions by the CMA. Clearly, we are trying to reduce the ability of large tech to prevent investment from smaller tech. That is the balance that we are striking, but we do not want to discourage investment from big tech, so the requirement for the CMA to act proportionately is reasonable.
Sir John Whittingdale (Maldon) (Con)
The Minister suggested that stakeholders were now satisfied with the Bill. I can tell him that there is concern about the change from “appropriate” to “proportionate.” The fear is that it will enable the courts to look more broadly, and will allow more scope for challenge than was intended when the term “appropriate” was used. Can he confirm that that is not the Government’s intention?
Kevin Hollinrake
It is not our intention. Our intention is to strike a balance. As I have said, the courts’ approach to proportionality was set out by the Supreme Court in Bank Mellat v. Her Majesty’s Treasury (No. 2), when the Court described the elements to be considered, including, most notably,
“whether a less intrusive measure could have been used”
and whether there is a fair balance between the intended objectives of the measure and the effects on the business that the measure applies to. That is a sensible balance to strike. Of course, some stakeholders want to go further in certain directions, while others do not want us to go as far, and we are trying to strike that balance. We welcome big tech’s investment in the UK, but we also welcome investment by challenger tech, and through this groundbreaking Bill—the only one of its kind in the world—we are striking that balance.
We have listened carefully to arguments relating to the Secretary of State’s approval of CMA guidance. Lords amendment 38, which was tabled by Lord Lansley, adds a timeline for the Secretary of State approving CMA guidance relating to the new regime. In response, we have tabled amendment (a) in lieu, which would achieve a similar effect by introducing a statutory 30-working-day timeline for the Secretary of State to approve the necessary guidance. We believe that that addresses concerns about the ability of the digital markets regime to start tackling competition problems without delay. We hope that hon. Members will support amendment (a).
On secondary ticketing, a non-Government amendment —to which the hon. Member for Richmond Park (Sarah Olney) referred—was made in the other place to the consumer part of the Bill. Amendment 104, which was tabled by Lord Moynihan, seeks to introduce additional regulatory requirements on ticket resale sites. Those requirements would cover proof of purchase, ticket limits and the visibility of certain required information, such as the face value of a ticket. Both Lord Moynihan and the hon. Member for Washington and Sunderland West (Mrs Hodgson) have spoken passionately on that topic during proceedings on the Bill. We are hugely grateful for their work highlighting the malpractice in the resale market.
To be clear, the Government are absolutely committed to protecting consumers from fraudulent activity in the secondary ticketing market. However, it is our view that protections for consumers are already provided by existing consumer law. The law imposes specific information requirements in relation to secondary ticketing that go above and beyond those in general consumer law. That includes the requirement for all resellers—be they traders or consumers—and secondary ticketing platforms to inform a buyer about the face value of a ticket and the restrictions on its use. The Government’s position is therefore that the secondary ticketing market is already suitably regulated. That said, we recognise the strength of feeling on this matter, which has been expressed by Members of the other place and in certain quarters of this House, so we commit today to undertaking a review of ticketing practices and how they impact on consumers. The review will look at both primary and secondary markets—in other words, sellers and resellers. We believe it important to consider both markets together.
Mrs Sharon Hodgson (Washington and Sunderland West) (Lab)
I am very grateful to the Minister for giving way. I know that we have debated this point before, and I will discuss it further in my contribution, but I make the point again that there may be legislation, but it is not working. There have been only two prosecutions in all the time since the Consumer Rights Act 2015 was passed. If further legislation was not needed, why did we bring in legislation to protect tickets for the Olympics?
Kevin Hollinrake
I will just finish this answer. There have been two sentences. Two people got a £6.1 million fine. There were four more successful prosecutions in Leeds Crown court only very recently, and sentence is due to be imposed on those individuals. The hon. Lady raises important points, and did great work on the all-party parliamentary group, and I will always listen to her. We are undertaking a review looking at primary and secondary markets, and she will have every chance to give her input to that review, just as anybody else will. I look forward to hearing her representations.
Barbara Keeley (Worsley and Eccles South) (Lab)
The Government claim that they are doing enough, but that is just not the case. Here is an example for the Minister: on secondary ticketing sites, three tickets for the Taylor Swift show on 21 June are going for £72,000. They had a face value of £170 each. How is the market working?
Kevin Hollinrake
I agree that some of the examples are shocking. The key question is what measures we will put in place to address them. Ireland, for example, completely banned secondary sales, yet the prices seen on the internet are equivalent to what the hon. Lady describes, so there is no perfect solution that has already been tried. However, we are very happy to look at the evidence, look at what might be done, and do something that is effective, rather than crowd-pleasing. That is what we are committed to doing.
The reality is that some organisers are simply much more successful than others at preventing large-scale unauthorised resales. The ticket market is clearly evolving rapidly. Our review will therefore consider evidence from businesses and platforms operating in ticketing and resale markets, as well as venues, artists, enforcers and consumers. The Government intend the review to take place over nine months, after which we will consider any appropriate further action. [Hon. Members: “You won’t be there.”] Members who are commenting from a sedentary position should beware of overconfidence.
I very much hope that hon. Members will support the Government’s position today. I especially hope that Members in both Houses will note our movement in two important areas: the Secretary of State’s approval of CMA guidance for the new digital markets regime, and secondary ticketing. These changes are considered and balanced, and I urge Members in the other place to consider their position on the other amendments that our motions today seek to reject. Throughout the Bill’s passage, the Government have listened carefully to the arguments presented, and in response, we have made a series of significant changes where we recognise that improvements could be made. It is important that we now reach full consensus on the Bill’s final form, so that it reaches the statute book without further delay.
Sir Chris Bryant (Rhondda) (Lab)
First, I pay tribute to my much-loved neighbour, my hon. Friend the Member for Pontypridd (Alex Davies-Jones), who led for Labour during the last round of proceedings on the Bill, and to my hon. Friend the Member for Feltham and Heston (Seema Malhotra), who led for us when the Bill was introduced.
Might I say a few words about the Minister? I do love the Minister. Members sitting on the Government Back Benches will not have been able to see the little wry smile playing on his face as he made his speech. Unfortunately, Hansard is not able to record that element of the way he presented his case. I will let the House into a secret: there are two versions of the Minister, or rather the Member. There is the Back-Bench Member, who I passionately agree with on nearly everything, and then there is the Government Minister, who has the Back-Bench Member sitting inside him somewhere, but has managed to lose him while taking on corporate and shared responsibility on the Government Front Benches. I bet that if he were in the Parliament that follows the next general election, and we debated these matters all over again, he would be articulating what I am about to say almost word for word, but today, he has articulated the Government position.
Sir Chris Bryant
Well, we have moved on and it is about time the Government moved on—in fact I look forward to the day when the Minister moves on from Government Benches to here on the Opposition Benches. The idea of a review at the dog end of a Parliament and at the end of the regime is absolutely pathetic, and I am glad the Minister is laughing at himself for even presenting the suggestion today.
Let me end with an area of agreement. We were glad that the Government, under pressure, tabled Lords amendment 117 on mergers involving newspaper enterprises and foreign powers along the lines of measures that we and others, including a large number of Conservative MPs and peers, had called for. Of course the UK must remain an open economy; we welcome foreign investment in many sectors in the UK. But we agree that in this limited area, the state ownership of UK newspaper and media companies must be a matter for concern, which is why we support the Lords amendment. We will need to make sure in future years that it is adequate to the situation we find, not least bearing in mind many of the comments made earlier by Members on both sides of the House regarding the rather fluid world we are moving into, where newspapers are a rather outdated concept and social media and other forms of online media are far more significant. We will keep that under review, therefore, but we welcome the amendment the Government have tabled.
This long-delayed Bill could go forward with strong, unanimous support if the Government abandoned their tilt towards the few potentially monopolistic companies and set aside their objections to the Lords amendments. Those objections are either completely otiose or they are dangerous. The Minister says they make no difference, I say they do, but on either grounds they should go, so we support their lordships in their amendments.
John Penrose (Weston-super-Mare) (Con)
May I start by saying that this was and still is a good Bill? It does an enormous number of very important things and I am glad to see that it has broad acceptance and agreement on both sides of the House, although with some minor points of disagreement. It contains many of the measures that I personally called for in my Government-commissioned review of competition policy called “Power to the people” a little while ago, and it definitely updates and makes some much-needed changes to our competition and consumer laws. However, I share some of the concerns raised today about the Government’s opposition to four of the amendments that have come back from the Lords.
I do not have worries about the Lords amendments themselves because, as we have just heard from the Opposition Front-Bench spokesperson the hon. Member for Rhondda (Sir Chris Bryant), they mainly seek to restore the effect of clauses that were in the Bill when it originally came to this House. What worries me is that the wrong people are clapping. The changes that the Government have made, in many cases by seeking to resist Lords amendments, seem to many people to be on the side of the big tech firms rather than on the side of consumers, of sharper competition, of more consumer choice and of standing up for the man and woman in the street. I therefore earnestly hope that the Minister will be able to channel his historical zeal for these things in his closing remarks and reassure me, and I am sure others as well, that that is not the Government’s intention and that they remain committed to those things—that the fire still burns brightly in his eyes to make them happen.
I start by saying that the Government have already done some of that work with amendment (a) in lieu of Lords amendment 38—they have replaced the Lansley amendment with a version of their own—dealing with the amount of time that the Secretary of State can take in dealing with guidance put forward by the CMA to make sure it is not unduly delayed. That is extremely welcome and a very good measure, and I enthusiastically support it. However, we have already heard about two other things in particular. One is the role of judicial review in dealing with penalties. I share the concern that in moving away from a judicial review standard for penalties to a full merits review we may get bleed-across—that clever lawyers working for big tech firms may effectively be able to broaden the scope through clever use of legal techniques to prolong their attempts to walk backwards slowly and prevent justice from being done. I therefore devoutly hope that my good friend the Minister will be able to clarify that he expects to be able to show to us—either from the Dispatch Box now, or in guidance or another kind of clarification in due course—that it will not be possible for bleed-across to happen and he will be able to take any steps that may be needed.
Kevin Hollinrake
I am very happy to make that commitment. We believe the Bill draws a clear distinction between infringement decisions and penalty decisions. After taking legal advice on this matter and looking at previous competition case law considering similar issues, the Government consider that neither the Competition Appeal Tribunal nor the higher courts will have any trouble making that distinction for digital markets appeals. We have clarified that in the explanatory notes, which I hope provides reassurance that there is little risk of bleed-back from the merits appeal standard for penalty appeals to appeals on other types of decisions.
John Penrose
I thank the Minister for that intervention and, emboldened by my success so far in getting him to front up, I move on to my second point, which has similar concerns around it: the issue of countervailing benefits. We have heard from the Opposition spokesman about that, so I will not go through it all again, but it would be enormously helpful if, either now in a further intervention or in his closing remarks, the Minister could be clear about the new wording, which we have already heard about in his speech. I hope he will make it clear—again, either through clarifications now or in guidance—that it is not intended to be in any way a lower standard than what we had before when this Bill first came to the House, and that it is either the same or tougher. I am pausing just briefly to see whether he wants to intervene.
Kevin Hollinrake
The revised wording did not change the effects of the clause. Strategic market status firms will still have to prove that there is no other reasonable and practicable way to achieve the same benefits for consumers with less competitive effect.
John Penrose
We are making marvellous progress and ending up with changes being confirmed on the Floor of the House in a way I do not think I have seen before, so let us keep going.
John Penrose
I am sure the Minister will grab that opportunity in his closing remarks, if he so wishes. At least he has taken the opportunity to stand up and give us public reassurances on the record about the standard that is intended. It is clear that it is no lower than it originally was, which is an important change.
Kevin Hollinrake
The shadow Minister and I are having this debate vicariously, but I just note that the wording in the explanatory notes has not changed.
John Penrose
I am on a roll here.
The final of the four issues in question is proportionality. We have had the debate already, so I do not propose to repeat the concerns, but it would be helpful if the Minister, either now or in his closing remarks, clarified that the new and amended standard that is to be applied is no lower. I think he said something to that effect earlier to the former Attorney General, my right hon. and learned Friend the Member for Kenilworth and Southam (Sir Jeremy Wright), but it would be helpful just to nail that one down and drive the nail home, if the Minister can. It is important for everybody to understand whether that new standard is any lower at all; it should be the same or higher.
John Penrose
The Minister is nodding, but I do not know whether he intends to intervene again.
John Penrose
We will have to preserve our souls in patience for the Minister’s closing remarks. I will declare victory very shortly. It has been a helpful set of interventions, and I thank him for that.
My final point is not related to these Lords amendments, but to a commitment that the Minister made at the Dispatch Box on Report in response to an amendment on better regulation that I had tabled with the support of a great number of parliamentary colleagues. He made a commitment that a set of conclusions, matching a set of standards whose wording he and I had agreed in advance, would be in place before the Bill receives Royal Assent. Clearly we are getting close to that date—I hope very close—and I understand that a Government White Paper may be in the offing, but I am not sure whether that will arrive before Royal Assent. My point is intended not to delay Royal Assent, but to bring forward the White Paper or whatever document the Government may be thinking of.
Based on conversations I have had so far, I am also concerned that not all the commitments the Minister made from the Dispatch Box may be in that White Paper. I therefore urge him to make sure that between now and Royal Assent, he works assiduously with his fellow Ministers to make sure they have got the memo that should gone round after he made those commitments.
Kevin Hollinrake
With the leave of the House, I will respond to some of the points raised in this fruitful, constructive debate. I reassure the shadow Minister that I have lost none of my mojo or ambition to ensure a fair and level playing field for businesses. That is a vital part of this legislation. At times I may smile when I am at the Dispatch Box and there are a couple of reasons for that; not only am I generally a happy guy but I am pleased to see this groundbreaking legislation being brought into effect. It is probably one of only two major pieces of legislation around the world that does what it does. We should welcome that and the fair and level playing field that will result from it.
I do not accept what the shadow Minister says about the Government having caved in and weakened some of the Bill’s provisions. It is fair to say that some of the platforms would like us to have changed the Bill radically from how it was when it was presented to Parliament. We think we have very much held the line on its provisions and how it will ensure that consumers and smaller businesses get a better deal. We do not accept that it will bring about “bleed back”, as he puts it, between the on-the-merits provisions of penalties and other regulatory decisions. We have been clear on that and our legal advice is of the same mind.
Secondary ticketing is a key part of the debate, having been raised by various Members. We absolutely see that there is good practice in some primary markets, where there is control as to resales. We should learn from best practice, such as ID requirements on the resale of tickets. That is within the gift of those in the primary markets, so we are keen to develop the review to ensure that we look at both the primary and secondary markets, as the Opposition called for in an amendment tabled earlier in the Bill’s progress.
Sir Chris Bryant
I am grateful to the Cheshire cat for giving way. Does he oppose the Lords amendment on ticket touts because of the proposed new subsection stating that there needs to be “proof of purchase” for secondary ticket marketing, or because details of the “face value” of the ticket have to be provided? It is difficult to determine why the Minister opposes the Lords amendment other than because it is an inconvenience to government.
Kevin Hollinrake
We believe that those measures, such as on the face value of the ticket, are already covered by the current legislation and enforcement. The Government have certainly gone a lot further than previous regimes have: we strengthened the terms and guidance in 2017; we banned ticketing bots—the hon. Gentleman mentioned that but did not seem to understand that it had been outlawed in 2018; and we improved enforcement action by the regulators, as we have seen six successful prosecutions under the new regime. I remind him that where other jurisdictions have supposedly gone further in banning resale, such as in Ireland, no prosecutions have taken place. We are trying to ensure that we have a balance and that our provisions work well.
Kevin Hollinrake
I will address the hon. Lady’s points in a moment, as I am keen to respond to some of them.
Sir Chris Bryant
If the Minister goes to the Viagogo website and tries to buy a ticket, he will see on the first page that it says the ticket is £420 or whatever. Can he see the original value of the ticket? No. Can he see whether it is a validly purchased ticket? No. That is the problem that the amendment would solve. It would be simple for the Government to agree to the amendment and then we can get the Bill through.
Kevin Hollinrake
We believe those provisions are already there. I have quite happily used Viagogo on many occasions, as other people have when reselling tickets. Of course we will keep looking at the primary and secondary markets, and at the interaction between the two, so that we can develop the right way to regulate the market, in a future Parliament.
Kevin Hollinrake
I will come to the hon. Lady’s points in a moment.
On the things we are doing to hold big tech to account, I can assure my hon. Friend the Member for Weston-super-Mare (John Penrose) that the fire burns brightly in me. I do not think we have moved away in any material way from ensuring that this legislation is fit for purpose and does what it sets out to do. As I said in response to his earlier intervention, we do not believe there is any bleed-across between the merits-based approach to penalties and other regulatory interventions. The revised wording about the countervailing benefits exemption did not change the effects of the clause and did not change the guidance in the explanatory notes.
As my hon. Friend is aware, we are doing a lot of work on regulation. We have engaged on regular occasions to ensure that gets to where he wants. On costs and benefits, he will have noticed we brought forward the growth duty for our economic regulators quite recently, as well as the smart data road map. I know he waits with bated breath for the White Paper that will come forward shortly.
I thank the hon. Member for Gordon (Richard Thomson) for his support for the legislation. We do not think the change from conduct is indispensable to the benefits; benefits could not be realised without the conduct materially changing the position in any way.
My hon. Friend the Member for Folkestone and Hythe (Damian Collins) said that we had moved to a different balance. I do not think I said that; I am happy to clarify my remarks about proportionality. We have provided more certainty and clarity around that position, which we always thought was part of the way the CMA would make its decisions. He made points about how the regulator would view, for example, the significant charges made across the Xbox platforms, which both charge 30% to the people who have e-commerce through those payment systems. As he said, businesses might not think that is too much, but we both know that it is not businesses that pay that ultimately, but consumers. The requirement for the CMA to make interventions for the benefit of consumers is in its very DNA, so I think it would act in those situations.
The hon. Member for Worsley and Eccles South (Barbara Keeley) talked about the secondary ticketing position. I hear her points, and the points raised by the hon. Member for Washington and Sunderland West (Mrs Hodgson), very clearly.
Barbara Keeley
I counsel the Minister against what he is doing. As his colleague in the Department for Culture, Media and Sport team did recently at oral questions, he is repeating the arguments that the platforms use. It is sad to hear Ministers repeating the same lines that a global chief officer of Viagogo came out with when they were over here. In Ireland, fraud activity has not increased—because the legislation is working., and that is why there are no prosecutions in Ireland. We would be in that situation if we had that legislation. As my hon. Friend the Member for Washington and Sunderland West probably wants to point out, it is alright to say that the use of bots is illegal, but nobody is being prosecuted for the illegal use of bots to wholesale-buy tickets; it is happening, so I counsel the Minister and his ministerial colleagues’ against their constant repetitions, which are not plausible to anybody outside.
Kevin Hollinrake
The hon. Lady is right to say that there is a difference between legislation and enforcement. We urge the authorities that have responsibility to enforce those provisions to make use of them. In Ireland, where the resale of tickets has been banned, inflated prices are still a feature of the ticket markets. Tickets for Taylor Swift’s Dublin shows are selling well in excess of their face price on the internet in Ireland, but no prosecutions have been made.
Kevin Hollinrake
May I make it clear that I was not accusing the hon. Member for Worsley and Eccles South of crowd pleasing? As I said in my earlier remarks, and as I will say to the hon. Member for Washington and Sunderland West before she intervenes, we should not simply take measures that are crowd pleasing in the hope they will work but they are ineffective. That is not to say that we do not think further measures are required.
Mrs Hodgson
On the point about Taylor Swift and whether any of her tickets have been sold on the secondary market in Ireland, I challenge the Minister to take another look at that rather than taking the word of his officials or whoever has told him. I have been told that no Taylor Swift tickets are on sale on Viagogo in Ireland. She has stated that her tickets will not be valid if they are resold on a secondary platform, so they will not be found on a secondary platform in Ireland.
Kevin Hollinrake
Yes, I have just googled sellers of tickets in Dublin, and people can buy tickets well in excess of face value on the platform. I could not find them on Viagogo, but other platforms are selling those tickets. We are trying to do something that is effective. I am very happy to continue to engage with the hon. Lady, as she makes a very compelling case. I shall continue to look at what she says and continue to engage with her. I am very keen to ensure that we get to the right place, so that we protect consumers, but allow a fair, free market to work properly.
Andrew Gwynne
I am very grateful to the Minister for giving way. I want to take him back to his comment that what was needed was not new legislation, but better enforcement. The enforcement authorities would presumably be trading standards. What is the reason there are not the prosecutions that we would all like to see? Is it because trading standards has been run into the ground and does not have the capacity to do the job that he is expecting it to do? Is it because of the complexity of the market? And which trading standards is responsible: the one where the platforms are based, the one where the person who bought the ticked is based, or the one where the concert is being held? That makes enforcing this measure really difficult.
Kevin Hollinrake
I thank the hon. Member for his points. I said not that legislation was not needed, but that there was no point in having legislation without enforcement. There have been six successful prosecutions by trading standards, but is he saying that he wants to fund trading standards to a greater degree? I understand some of the pressures on local authorities across the country; there are pressures on the public finances generally. If he has a solution to that and can provide lots more money to local authorities, he should have a word with his Front-Bench team, because that has not been Labour’s policy.
Gen Kitchen (Wellingborough) (Lab)
Unlike with trading standards, many cash-strapped families and young people fall for online scams, because they are on the hunt for bargains on Facebook Marketplace and, to a lesser extent, on eBay and Vinted. They are often at the mercy of being ripped off with very little protection and little to no help from local trading standards because of that confusion over whether it is where the buyer is or where the seller is. In particular, that is because they are for more casual and lower-value transactions. Can the Minister confirm whether that will be in the review as well?
Kevin Hollinrake
I thank the hon. Lady for her intervention. She makes a very good point. I am happy to look at the concerns that she raises. We will look at the concerns raised by all stakeholders, Members of this House and people further afield to ensure that, when we carry out this review, we get to the right place.
The hon. Member for Pontypridd (Alex Davies-Jones) seems to think EU legislation is stronger than ours. Let me point out that appeal standards consider the merits across the piece in the European Union; they do not in the UK, as they are confined to a very small element of it.
Finally, I am pleased that the hon. Member for West Ham (Ms Brown) supports the Bill and very pleased that she supports freedom of speech. Digital inclusion is very important. The Under-Secretary of State for Science, Innovation and Technology, my hon. Friend the Member for Meriden (Saqib Bhatti) is working very hard on social inclusion and social tariffs of broadband through the cross-ministerial group. We are very keen to ensure that reminder notices for subscriptions are very clear for all our consumers.
To conclude, I urge all Members on both sides of the House to carefully consider the amendment that I have proposed in lieu of those made in the other place. I hope that all Members will feel able to support our position.
Mr Deputy Speaker (Mr Nigel Evans)
Taylor Swift seems to be everywhere, even in the House of Commons, doesn’t she?
Question put, That this House disagrees with Lords amendment 9.
Post Office (Horizon System) Offences Bill
Kevin Hollinrake ExcerptsMonday 29th April 2024
(2 weeks, 5 days ago)
Commons ChamberRead Full debate Post Office (Horizon System) Offences Bill 2023-24 View all Post Office (Horizon System) Offences Bill 2023-24 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Committee of the whole House Amendments as at 29 April 2024 - (29 Apr 2024)
The Minister of State, Department for Business and Trade (Kevin Hollinrake)
I beg to move amendment 25, page 1, line 6, at end insert—
“(za) the conviction took place before the coming into force of this Act,”.
This amendment makes it clear that clause 1(1) will quash only convictions occurring before the coming into force of the Act.
The First Deputy Chairman
With this it will be convenient to discuss the following:
Amendment 1, page 1, line 9, leave out paragraph (b).
Government amendments 27 to 28.
Clause 1 stand part.
Government amendments 29 to 33.
Clause 2 stand part.
Government amendment 34.
Clause 3 stand part.
Government amendments 35 to 41.
Amendment 3, in clause 4, page 3, line 34, at end insert—
“(4A) Notification under subsection (4) must include a written summary of—
(a) the compensation schemes available to a relevant person following a quashed conviction under section 1(1);
(b) the relevant heads of loss under which a relevant person may claim compensation; and
(c) a tariff of compensation available relating to each of the heads of loss mentioned in paragraph (b).”
Amendment 4, page 3, line 34, at end insert—
“(4A) Notification under subsection (4) must include a written commitment from the Secretary of State that—
(a) the period of time between a full and valid claim for compensation and an offer of compensation will not exceed four weeks; and
(b) if the offer is not made within the four week period mentioned in paragraph (a), a fixed penalty amount will be added to the ultimate compensation sum for each day by which the four week period is exceeded.”
Amendment 5, page 3, line 34, at end insert—
“(4A) Notification under subsection (4) must include a written commitment from the Secretary of State to use reasonable endeavours to ensure that the period of time between a full and valid claim for compensation and an offer of compensation will not exceed four weeks.”
Government amendments 42 to 44.
Clause 4 stand part.
Government amendments 45 and 46.
Amendment 6, in clause 5, page 4, line 18, at end insert—
“(3A) Notification under subsection (3) must include a written summary of—
(a) the compensation schemes available to a relevant person following a direction to delete a caution under section 5(1);
(b) the relevant heads of loss under which a relevant person may claim compensation; and
(c) a tariff of compensation available relating to each of the heads of loss mentioned in paragraph (b).”
Amendment 7, page 4, line 18, at end insert—
“(3A) Notification under subsection (3) must include a written commitment from the Secretary of State that—
(a) the period of time between a full and valid claim for compensation and an offer of compensation will not exceed four weeks; and
(b) if the offer is not made within the four week period mentioned in paragraph (a), a fixed penalty amount will be added to the ultimate compensation sum for each day by which the four week period is exceeded.”
Amendment 8, page 4, line 18, at end insert—
“(3A) Notification under subsection (3) must include a written commitment from the Secretary of State to use reasonable endeavours to ensure that the period of time between a full and valid claim for compensation and an offer of compensation will not exceed four weeks.”
Government amendment 47.
Clauses 5 and 6 stand part.
Government amendments 48 to 51.
Clause 7 stand part.
Government amendments 52 and 53.
Amendment 70, page 5, line 39, after “as” insert “Pathway,”.
This amendment would provide additional clarity by ensuring that the application called Pathway, which was rolled out as a pilot version of Horizon, is explicitly referenced as a Horizon system for the purposes of the Bill.
Government amendments 54 and 55.
Clause 8 stand part.
Government amendment 56.
Amendment 71, page 6, line 26, at end insert—
“(3) This Act expires at the end of the period of 2 years beginning with the day on which it is passed.”
Clauses 9 and 10 stand part.
Government new clauses 2 and 3.
New clause 1—Provision relating to Northern Ireland—
“(1) The Secretary of State must consult the First Minister and deputy First Minister about making provision for quashing any conviction in Northern Ireland for an equivalent “relevant offence” (see section 2) alleged to have been committed in Northern Ireland.
(2) The Secretary of State may make regulations to apply the provisions of this Act, with any necessary modifications to take account of the law and legal system in Northern Ireland, to secure the quashing of any conviction in Northern Ireland for an equivalent “relevant offence” (see section 2).
(3) Unless the First Minister and deputy First Minister acting jointly advise to the contrary, the Secretary of State must lay before Parliament a draft of regulations to be made under subsection (2) no later than one week after the day on which this Act is passed.
(4) Regulations under this section are to be made by statutory instrument and may not be made unless a draft of the instrument has been laid before, and approved by resolution of, each House of Parliament.
(5) Subject to subsection (4) of this section, section 7 of this Act applies to other regulations made under this section.”
This skeleton clause would require comparable provision to be made to quash convictions in Northern Ireland on the same basis as in England and Wales.
New clause 6—Statement on quashing convictions relating to Capture software—
“The Secretary of State must, no later than 30 days after the day on which this Act is passed, make a written statement to Parliament outlining action the Government intends to take to secure the quashing of convictions of persons carrying on a Post Office business while using the Capture software from 1992 onwards.”
Government amendments 23 and 24.
Kevin Hollinrake
It is a pleasure to serve with you in the Chair, Dame Rosie. Given the nature of this debate, in moving the Government amendments, I will also use my speech to discuss the other amendments that have been tabled.
First, I will address the Government amendments in the name of the Secretary of State relating to Northern Ireland: 23 and 24, 26 to 44, and 46 to 56, as well as new clauses 1 to 3. I am grateful to the House for agreeing to the Government’s instruction motion to enable debate on these important amendments. The Government have listened carefully to representations across the House regarding the extension of the Bill to Northern Ireland. We recognise the unique challenges faced by the Northern Ireland Executive in bringing forward legislation to quash convictions to a similar timeframe as the rest of the UK.
Gavin Robinson (Belfast East) (DUP)
I just want to put on record, in Committee, the Democratic Unionist party’s sincere and personal appreciation of the Minister for how he has engaged with us, the pragmatic way he has approached these issues, and the can-do attitude he has extended to Northern Ireland. We have met on a number of occasions. He has received the thorough representations of my right hon. Friend the Member for East Antrim (Sammy Wilson) and colleagues across the House, not least Ministers in the Northern Ireland Executive. We are indebted to him. We recognise that this is a huge step forward for the sub-postmasters in Northern Ireland who felt there would not be light at the end of the tunnel. He has extended the Bill very purposefully for all those affected in Northern Ireland, and we thank him for it.
Kevin Hollinrake
I am very grateful to the right hon. Gentleman for his kind words. It is a pleasure to work with him and his colleagues from Northern Ireland. We were always sympathetic to his arguments and are delighted to have been able to move forward as we have.
Jim Shannon (Strangford) (DUP)
Following on from my right hon. Friend the Member for Belfast East (Gavin Robinson), it is fair to say that a week ago or even a month ago, the 23 sub-postmasters and sub-postmistresses in Northern Ireland had little hope. Today, they have hope and that is due to the Minister’s endeavours on their behalf, pushing this issue and the Government’s acceptance. On behalf of the 23, we would like to say a big thank you to the Minister and the Government.
Kevin Hollinrake
I am very grateful. The hon. Gentleman is right to address the point about the 23 sub-postmasters. They are why we are here and why we are keen to act in this way. We recognise that there were specific circumstances in Northern Ireland that would have delayed the exoneration and compensation to those individuals, and that is why we are acting as we are today. It is always a pleasure to work with him, as I have on many different issues over the years.
Issues include the Executive’s recent restoration and additional public consultation requirements, which the House debated on Second Reading. In deciding to take this step, the Government recognised the extent of cross-community support for the extension of the Bill to Northern Ireland. For those reasons, we have decided to put forward Government amendments which would extend the scope of the Bill to Northern Ireland. I am very grateful to have cross-party support from Members representing Northern Ireland constituencies in co-signing Government amendments, specifically the right hon. Members for Belfast East (Gavin Robinson) and for East Antrim (Sammy Wilson), and the hon. Members for East Londonderry (Mr Campbell), for Strangford (Jim Shannon), for North Antrim (Ian Paisley), for North Down (Stephen Farry), for South Antrim (Paul Girvan), for Upper Bann (Carla Lockhart) and for Belfast South (Claire Hanna).
The amendments, which have been drafted in consultation with the Northern Ireland Executive, empower the Northern Ireland Department of Justice to implement the legislation in the same way as the Secretary of State will in England and Wales. The amendments would modify the criteria for the convictions which are overturned to ensure that the relevant convictions from Northern Ireland are captured within its scope. Specifically, they would add those secured by the Public Prosecution Service for Northern Ireland and refer to distinct Northern Ireland offences. Additionally, this group of amendments would ensure that the relevant cautions will be deleted in Northern Ireland, as they will be in England and Wales. The amendments have the same intent as new clause 1, tabled by the hon. Member for North Antrim, so I hope he will be happy to withdraw it on that basis.
On amendment 1, in the name of the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), I thank him for his continued engagement on the Bill and on wider Horizon matters. It is vital that we stay true to our objective of bringing justice to wrongly convicted postmasters, but it is also important to keep in mind the constitutionally sensitive nature of the Bill. We should legislate in a way that respects the separation of powers and the independence of the judiciary. This amendment would widen the scope of the Bill to include convictions that have been upheld by the Court of Appeal. It would automatically quash such convictions, thereby overriding decisions taken by the senior judiciary. These cases are excluded from the Bill because the Government believe that it should tread very carefully where judges in the senior appellate courts have considered a case on its merits. We do not consider it appropriate for Parliament to interfere with such decisions.
Liam Byrne (Birmingham, Hodge Hill) (Lab)
I am grateful to the Minister for giving way on this point and, indeed, for the way he is approaching it. The Chairman of the Justice Committee sent him an excellent letter last week in which he underlined that almost all the witnesses before his Committee agreed that it was unfair for the Bill to take a restrictive approach, in the way the Minister has, while taking a rather expansive approach elsewhere. I know the Minister has written back to the Chairman of the Justice Committee, but his letter did not touch on this point. I wonder whether he will take the opportunity to wrap that up for us.
Kevin Hollinrake
I thank the right hon. Gentleman and my hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill) for their work. We take these matters and the independence of the judiciary very seriously. Where the Court of Appeal has upheld a conviction and declared it safe, we think that is a material concern. There will always be different opinions in these areas, but we think we are striking the right balance between overturning convictions that we believe to be unsafe in the main and ones that have been before a senior judge.
Sir Robert Neill (Bromley and Chislehurst) (Con)
I, too, pay tribute to the Minister for the extremely constructive way in which he has engaged with everybody on this matter. My initial position was entirely supportive of the Government, but I must say that the evidence given to the Justice Committee causes me to think again. It is usually right to be very wary indeed about trespassing on decisions made by the courts. However, we have chosen to do that because it is thought desirable for the greater good in respect of the bulk of convictions.
The point that needs to be emphasised is that we have perhaps not appreciated that, in cases where convictions were upheld by the Court of Appeal, it applied a narrower test to the relevance of the Horizon evidence. In Hamilton and related cases, it said that the test was whether the Horizon evidence was essential to the conviction. We do not apply that test as a result of a policy decision. That could lead to a bizarre situation whereby someone who did not get to the Court of Appeal because the Criminal Cases Review Commission did not refer the case would have their conviction quashed, whereas someone who the commission thought had an arguable case and who went to the Court of Appeal but who was rejected on a narrower test than Parliament is now creating would not benefit from having their conviction quashed. That is the unfairness that we need to think a little more about, and it is the thrust of what the right hon. Member for Birmingham, Hodge Hill (Liam Byrne) is getting at.
Kevin Hollinrake
There will, of course, always be different legal opinions on these matters. As my hon. and learned Friend expressed, he has had two different opinions on what we should do in this regard, and I know that his view is based on further submissions of evidence that he has received. Of course, we consider these matters very carefully. My right hon. and learned Friend the Justice Secretary is here and listening to my hon. and learned Friend’s comments. We will always continue to reflect on this legislation to make sure that we are getting to the right place, but I understand the points that he raises.
Sir Robert Neill
There were certainly differences of opinion as to the appropriateness of the measure as a whole, with Dr Quirk being in a minority of three who took a different view, but there was not a difference of opinion on the factual point that the test applied by the Court of Appeal in Hamilton is different from that which is in statute. That was a matter of unanimity.
Kevin Hollinrake
I understand and accept that point, but a decision has to be taken on whether to include these cases. There is definitely a difference of legal opinion on that point, because I have had different representations made to me.
We recognise that this approach may leave a small number of individuals concerned about the way forward for their cases. In cases where the Court of Appeal has upheld a conviction, the usual routes of appeal remain available to them. Those affected can apply to the Criminal Cases Review Commission, which can review their cases.
Mr Kevan Jones (North Durham) (Lab)
The Minister knows that we on the advisory board have discussed this issue at length. Given what has come out of the inquiry over the last few weeks, does he agree that there is evidence that may have a bearing on some of these cases? I accept why he does not want to include them in this Bill, but we need to look at some of these cases to see whether there are grounds for appeal.
Kevin Hollinrake
Of course, and I am listening intently to the evidence before the inquiry. It is true to say there are some shocking revelations. As the right hon. Gentleman illustrated in his work with the advisory board, there was a maliciousness about some of the prosecutions, which is of great concern, as is the flawed Horizon system. Part of the reason why we are legislating as we are reflects that, but we will continue to look at the evidence that emerges.
Liam Byrne
If that is the approach that the Minister is going to take, could he tell the House a bit more about how his Department will support individuals who find themselves in this egregious position? As my right hon. Friend the Member for North Durham (Mr Jones) said, evidence will now have come to light that was not available to the Court of Appeal or, indeed, to courts that may have refused leave to appeal. Those individuals will be in a terrible state now. What can his Department do, and on what timetable, to support them through the process that he proposes they take?
Kevin Hollinrake
The right hon. Gentleman makes the point himself: as more evidence emerges, it may be that the CCRC takes a different view of cases that are brought forward. People who have presented their cases can revisit them by making an application to the Criminal Cases Review Commission, which can make recommendations as it sees fit. Clearly, we are happy to provide any information that we possess, and the Post Office will do the same. As I say, the inquiry’s revelations may bring information that would help in some cases. The CCRC may refer cases to the Court of Appeal if it considers that there is a real possibility that convictions would not be upheld. With the constitutional sensitivities in mind, I hope the right hon. Member will agree to withdraw his amendment.
I turn now to amendments 3 and 6, tabled in the name of the right hon. Member for Birmingham, Hodge Hill. These amendments would require the Secretary of State to include details of available financial redress in notifications to people who have had their convictions quashed, or cautions deleted, by this Bill. The amendments come as part of a number of recommendations by the Business and Trade Committee, to which the Government have since provided our response. I can reassure the right hon. Gentleman and the whole Committee that we will include information about redress in the notifications that we send to postmasters when their convictions are overturned. Our aim is that the redress process will follow seamlessly from the process of overturning convictions—there is no need to legislate for this. Those with cautions may have already sought financial redress via the Horizon shortfall scheme or the group litigation order scheme. We will provide them with the necessary guidance to identify the appropriate route to claim financial redress, if they have not done so already.
Liam Byrne
I am grateful to the Minister for clarifying these points as we go along. He will know that many sub-postmasters have not applied for the full extent of their potential claim because they are unsure about the case law involved, and I understand that the Department is using some guidance in making judgments—for example, the Dyson judgment, which is not publicly available, for perfectly good reasons. There is a bit of creativity going into how we solve this problem. The Post Office wrote to me last night to say that, on the Horizon scheme, it is recording the heads of loss and the averages of claims that are being agreed, which could be one of the ways in which sub-postmasters are given a sense of what the tariff is. Could the Minister say a bit more about how we absolutely guarantee in the notification that we maximise the chance of sub-postmasters claiming the maximum possible amount that they should be entitled to?
Kevin Hollinrake
We have tried to design the schemes in conjunction with the legal firms that are advising most of the claimants on claiming redress. We will continue to work with them, as we do with the advisory board, and there are different mechanisms that we can use to make this process simpler, more transparent and easier to navigate. Clearly, cases will differ, despite similarities, so if we go down the full assessment route, it is important that all claims be assessed individually, which obviously takes time. If there are mechanisms that we can use—for example, the tariffs that the right hon. Gentleman describes—to expedite the process, we would be happy to look at them. We will continue to work with the advisory board on that.
Vicky Ford (Chelmsford) (Con)
I had hoped that my hon. Friend was going to speak to amendment 70 as well. I just so pleased that we are going through the legislation today, because it is so important for so many people. I have written to him about my constituent who came to see me about her husband, who was a sub-postmaster. He had been written to by the Post Office, who had told him about his exceptional bookkeeping. He then discovered an unexplained loss in the amounts. He called the auditors; they came in, and they locked him out of his business. They searched his home. They did not find any evidence, but they took away his business, his home, his livelihood and his reputation. We have heard that so many times. The only difference is that this happened in 1992, under the precursor system to Horizon. Amendment 70 mentioned the Pathway system. My constituent was using something called Capture. Fortunately the case was dropped before it got to criminal court. I know that the Minister is looking at whether there were more of these Capture cases. When the legislation comes before the other place, can we make sure that, if needed, it can also quash any criminal convictions due to Capture, or other precursor systems, as well as Horizon?
Kevin Hollinrake
I will speak to amendment 70. I wrote back to my right hon. Friend about her case, and we are looking at this. I am sure that the right hon. Member for North Durham (Mr Jones) will have something to say about this issue. We have agreed to instigate an independent review of that software. There are some fundamental differences. For example, it is not networked, so no remote access is possible, whereas that is a major feature of the issues with Horizon. I am happy to continue to engage with my right hon. Friend on the issue, and I congratulate her on the way she has dealt with it on behalf of her constituent.
My hon. and learned Friend the Member for Bromley and Chislehurst’s amendment 71 would also sunset other parts of the Bill. This would not give victims of the scandal the justice that they deserve. We are clear—there has been agreement across this House on this—that this exceptional legislation does not set a precedent, and I hope, especially with the reassurance provided by Government amendments 25 and 45, that he will withdraw amendment 71.
Sir Robert Neill
I understand where the Minister is coming from, and of course he has provided a deal of reassurance, but I want to test this a little. Are we really assuming that it will be necessary to leave open-ended people’s ability to come forward to have their conviction quashed? After all, if they cannot reasonably be traced, there is provision for the Secretary of State to notify an appropriate person. For example, if we cannot find the person—or their next of kin, if they are dead—there is a catch-all provision about notifying an appropriate person. Why could that not include the criminal records bodies? Would they not be notified anyway? I just wonder why we have to leave the provision open-ended to that extent. There will come a point when the provision has been exhausted. Also, I am interested in how my hon. Friend envisages a process working through which people can get a document that shows that their conviction is quashed—for example, if they need a visa or work permit, or have to undergo Disclosure and Barring Service checks.
Kevin Hollinrake
As I said, the legislation expires on the day that the provision is brought into effect. My hon. and learned Friend is talking about the ongoing marking of the records of people who may come forward at a future date. We do not know what that date would be. I am happy to have a conversation with him about what the cut-off would be, but the effect of this legislation, in terms of quashing convictions, expires on the day it receives Royal Assent.
Sir Robert Neill
I understand that, and I can see my hon. Friend’s point, hence the two amendments. My point is that he is praying in aid, as another reason for not having a sunset clause, the provisions for notifying people about applying to have their convictions quashed. What is the mechanism to make sure that does not hang around indefinitely? We will eventually want to bring things to a conclusion—not only getting convictions quashed, but, quite separately, paying out the compensation fund. One day, all the compensation that can be claimed will have been claimed. What do we do then? How do we wrap up the process? That is what it comes down to.
Kevin Hollinrake
As I said, I am happy to have a continuing conversation with my hon. and learned Friend on that point. I feel that it would be a serious injustice if we set, say, a three year cut-off period and somebody came along a day later. Those are the challenges that we have to meet.
Liam Byrne
In a way, this is the core of the debate about where the four corners of the Bill should stretch to. The hon. and learned Member for Bromley and Chislehurst (Sir Robert Neill) makes a very good point: at some point, there should be a sunset on such unprecedented legislation. At the moment, there are no limits to its expansiveness in terms of time, but the Minister has set a limit on its expansiveness in terms of the individuals involved, because he is ruling out those who have gone through the Court of Appeal. The Bill would benefit from further discussion, perhaps in the other place, about precisely where the four corners should be pinned down.
Kevin Hollinrake
I would welcome that discussion, and I will follow it closely in the other place.
The controversial element of this unprecedented, exceptional legislation is the overturning of the convictions, because we are interfering with the courts by legislating in this way. The convictions expire on day one. All that happens further on from that is the marking of the records, which is not the controversial part. The controversial part is the interference with the courts. Again, I am happy to have a continuing conversation with the right hon. Gentleman.
New clause 7, in the name of the right hon. Member for Orkney and Shetland (Mr Carmichael), would require the establishment of an independent intermediary body to administer financial redress to individuals whose convictions are quashed by the Bill. I also acknowledge the Business and Trade Committee’s recommendation on a similar point.
I assure the Committee that we are building independence into the process of making financial redress. Final decisions will, if necessary, be made by an independent panel comprising a King’s counsel, an accountant and a retail expert. The panel will have a case manager, who will ensure that cases are settled fairly, swiftly and in a non-adversarial manner. I have been clear throughout my work that we should put the victims of the scandal back in the position that they would have been in, and that we should move as quickly as possible. We feel that it would take months to set up an independent intermediary, and that it would add additional steps to the process and risk creating unnecessary bureaucracy.
Mr Alistair Carmichael (Orkney and Shetland) (LD)
If my new clause had been selected for debate, I would probably not seek to press it. I am not in a position to do anything more, but I thank the Minister for his assurances on independence.
The First Deputy Chairman of Ways and Means (Dame Rosie Winterton)
As the new clause was not selected, we probably should not be discussing it.
Kevin Hollinrake
My apologies, Dame Rosie. I will move on with pleasure.
Penultimately, I turn to new clause 6. I thank the right hon. Member for North Durham for all his work seeking justice for the former sub-postmasters and, indeed, on the Horizon compensation advisory board. My officials have been working closely with him, as have I, and he will be aware that we have set in train the process of appointing an independent forensic investigator to look into the Capture software, now that the Post Office has addressed concerns about it. Obviously, this relates to my right hon. Friend the Member for Chelmsford (Vicky Ford), who is no longer in her place.
This follows on from the useful meeting that the right hon. Member for North Durham and I had with a sub-postmaster and his wife who wanted to talk to me about his experiences. My officials have spoken to other affected sub-postmasters, too. New clause 6 would require the Secretary of State to make a statement within 30 days of Royal Assent. As the Committee knows, we aim to complete the Bill’s passage very quickly, so a statement may be due quite soon. In practice, we feel it would be too soon, and time is needed to identify and appoint the right person for this role, and for the investigator to complete their work and offer an independent conclusion.
Mr Kevan Jones
Clause 2(2) mentions 23 September 1996. Is the Minister saying that any ICL Pathway system installed in post offices, even prior to that date, will be captured by the Bill?
Kevin Hollinrake
Certainly, if we regard it as a pilot system of Horizon, that would be the case, as drafted.
Mr Kevan Jones
So is the date irrelevant? I have spoken to one person whose prosecution might have been 1996, but there is evidence that the Pathway system was in place before that date in 1996.
Kevin Hollinrake
That is not what we understand from the Post Office, but I am happy to continue our discussions, as I always do, to make sure that every relevant person affected by Horizon or its pilot systems is covered.
Several hon. Members rose—
Kevin Hollinrake
I will tackle the points that have been made as briefly as possible. The Chair of the Business and Trade Committee, the right hon. Member for Birmingham, Hodge Hill (Liam Byrne), is right to say that £196 million has been paid out so far. This legislation will open the door to a lot more compensation, and it should go out rapidly to victims of prosecutions. Also, we expect that number to rise significantly with the introduction of the fixed-sum award of £75,000 for Horizon shortfall scheme claimants. To be clear, around 70% of claims submitted in time have been settled, following the final settlement for those individuals, so we are making progress, but we are determined to make more. Certainly, we are working with the Horizon compensation advisory board to ensure that that is the case. We are very happy to get into the weeds and nitty-gritty of this; we do that daily. The right hon. Gentleman said that, for whatever reason, I may not always be the Minister with this brief. I am very happy to help whoever takes over the brief when that happens, should more help be needed.
Yes, we are keen to accelerate the timescales right across the piece for the GLO scheme. As I say, we are hitting our target of making 90% of first offers within 40 days, but we will come forward with more service-level agreements for other schemes. I am very happy to work alongside the right hon. Member for Birmingham, Hodge Hill on that.
Liam Byrne
I am grateful for that reassurance. Does the Minister think that he will have the service-level agreements for the overturned convictions scheme on the table before the Bill is sent for Royal Assent?
Kevin Hollinrake
Yes. The right hon. Gentleman asked about tariffs. We are keen to do whatever we can to make the process quicker, easier, clearer and more transparent. We are taking that away and looking at it right now.
Of course, legal advice is available prior to the submission of a claim to the Horizon overturned convictions and compensation scheme, as it is in the GLO. It is only in the HSS, which was seen as non-adversarial, that that does not apply prior to the offer being made, but legal advice is available after that point.
We are obviously keen to continue discussing the cases that are before the Court of Appeal. We will certainly respond in due course to the letter from the Chair of the Justice Committee, my hon. and learned Friend the Member for Bromley and Chislehurst (Sir Robert Neill).
Liam Byrne
I am grateful to the Minister for taking a final intervention. It is maybe a non-adversarial process, but it is none the less an intimidating one that involves a complicated 16-page form that takes several hours to fill in. That is the equivalent of several thousand pounds-worth of legal assistance. At the moment, such assistance is being provided pro bono by those with some experience, but I hope that the Minister will look at the matter again.
Kevin Hollinrake
I am happy to look at that. I should point out that a lot of the 16-page form is legalese. Only about four pages of it is actually stuff that needs to be filled in, but I understand the right hon. Gentleman’s point, and the advisory board has made a recommendation for an independent appeals process for this scheme as well, which we are looking at.
I thank my hon. and learned Friend the Member for Bromley and Chislehurst for his work on the issue with the Justice Committee. I agree that what is before us is the least worst option, and I am glad that the legal fraternity is coming to the same opinion. We will respond to his letter of 24 April, particularly on the Court of Appeal cases. There are 13 cases—seven before the Court of Appeal, and six that have been refused leave to appeal—and I am very happy to look at them, and to continue our conversations. I understand the potential injustices around those cases. We will also have a look at his point about subsection (4)(b) of clause 2, to make sure that there are no unintended consequences from the legislation.
I thank the right hon. Member for North Durham (Mr Jones) for all his work on the advisory board. He has talked about my persuasive powers; I think the ITV series was far more persuasive than I was in moving things on and getting us to where we are today, but certainly, following his recommendations, which were made before the series aired, we were looking at ways to expedite the overturning of convictions, and some of the Bill is based on those recommendations. As I say, we are looking at the Capture software through the independent review. We have both met with Mr and Mrs Marston, and their story, like many others, was compelling.
The right hon. Gentleman raised the issue of the date range, which is dealt with in subsection (2)(a) of clause 2, under which the offence has to have taken place between 23 December 1996 and the later date. If an offence was committed at an earlier date, it would be excluded under the legislation. We need a conversation with the right hon. Gentleman about that, but the independent review should inform our debate going forward. It is easier to include Horizon than other things that were not directly connected to Horizon, as the court has found convictions unsafe on the basis of Horizon evidence. That is why we are able to legislate in this way.
I thank the hon. Member for North Antrim (Ian Paisley) for his kind words. It is important to recognise that all of us are here to do the right thing, and it is a pleasure to have the opportunity to do so in this way, on a cross-party basis. We are very pleased to be able to agree with the DUP’s wishes that Northern Ireland be included in the legislation, particularly for the sake of the 23 postmasters in Northern Ireland who have suffered as a result of Post Office actions.
I also thank the shadow Minister, the hon. Member for Bethnal Green and Bow (Rushanara Ali), and her Front-Bench colleagues for their support. We are very keen to make sure that Fujitsu contributes—it has agreed to do so, and has a moral obligation to do so. My Secretary of State, who has been massively supportive of all my work on these issues, has met Fujitsu’s global chief executive officer, and we expect to provide more news to the House in due course.
With that, I commend the Government amendments to the House.
Amendment 25 agreed to.
Amendments made: 27, page 1, line 9, after “Appeal” insert “in England and Wales.”
This amendment is consequential on amendment 26.
Amendment 26, page 1, line 9, at end insert—
“(2A) This Act also applies to a conviction in Northern Ireland for a relevant offence where—
(a) the conviction took place before the coming into force of this Act,
(b) the offence was prosecuted by the Police Service of Northern Ireland, the Director of Public Prosecutions for Northern Ireland or the Public Prosecution Service for Northern Ireland, and
(c) the conviction has not been considered by the Court of Appeal in Northern Ireland.”
This amendment provides for convictions in Northern Ireland for relevant offences to be quashed.
Amendment 28, page 1, line 12, at end insert
“in England and Wales or in Northern Ireland.”—(Kevin Hollinrake.)
This amendment is consequential on amendment 26.
Clause 1, as amended, ordered to stand part of the Bill.
Clause 2
Meaning of “relevant offence”
Amendments made: 29, page 2, line 32, at end insert
“or section 17 of the Theft Act (Northern Ireland) 1969;”.
This amendment, and amendments 30 to 33, add the equivalent offences for Northern Ireland to the list in clause 2(3).
Amendment 30, page 2, line 35, after “1968” insert
“or section 15 or 15A of the Theft Act (Northern Ireland) 1969”.
See the explanatory statement for amendment 29.
Amendment 31, page 2, line 37, leave out “that Act” and insert
“the Theft Act 1968 or section 19(1) or (2) of the Theft Act (Northern Ireland) 1969”.
See the explanatory statement for amendment 29.
Amendment 32, page 2, line 41, at end insert
“or section 21 of the Theft Act (Northern Ireland) 1969;”.
See the explanatory statement for amendment 29.
Amendment 33, page 3, line 1, at end insert
“or section 1(1) of the Theft Act (Northern Ireland) 1969.”—(Kevin Hollinrake.)
See the explanatory statement for amendment 29.
Clause 2, as amended, ordered to stand part of the Bill.
Clause 3
Determining when a conviction has been considered by Court of Appeal
Amendment made: 34, page 3, line 15, at end insert—
“(6) In this section “the Court of Appeal” means—
(a) in the case of a conviction in England and Wales, the Court of Appeal in England and Wales;
(b) in the case of a conviction in Northern Ireland, the Court of Appeal in Northern Ireland.”—(Kevin Hollinrake.)
This amendment is consequential on the extension of the Bill to Northern Ireland.
Clause 3, as amended, ordered to stand part of the Bill.
Clause 4
Identification and notification of quashed convictions
Amendments made: 35, page 3, line 17, leave out “Secretary of State” and insert “appropriate authority”.
This amendment, and amendments 36 to 43, provide for the functions of the Secretary of State under clause 4 to be exercisable in Northern Ireland by the Department of Justice in Northern Ireland.
Amendment 36, page 3, line 18, at end insert—
“(1A) In this section “the appropriate authority” means—
(a) in the case of convictions in England and Wales, the Secretary of State;
(b) in the case of convictions in Northern Ireland, the Department of Justice in Northern Ireland.”
See the explanatory statement for amendment 35.
Amendment 37, page 3, line 19, leave out “Secretary of State” and insert “appropriate authority”.
See the explanatory statement for amendment 35.
Amendment 38, page 3, line 20, leave out “Secretary of State” and insert “authority”.
See the explanatory statement for amendment 35.
Amendment 39, page 3, line 25, leave out “Secretary of State” and insert “appropriate authority”.
See the explanatory statement for amendment 35.
Amendment 40, page 3, line 26, leave out “Secretary of State” and insert “authority”.
See the explanatory statement for amendment 35.
Amendment 41, page 3, line 32, leave out “Secretary of State” and insert “authority”.
See the explanatory statement for amendment 35.
Amendment 42, page 3, line 36, leave out “Secretary of State” and insert “appropriate authority”.
See the explanatory statement for amendment 35.
Amendment 43, page 3, line 37, leave out “Secretary of State” and insert “authority”.
See the explanatory statement for amendment 35.
Amendment 44, page 3, line 37, leave out “in England and Wales”.—(Kevin Hollinrake.)
This amendment is consequential on the extension of the Bill to Northern Ireland.
Clause 4, as amended, ordered to stand part of the Bill.
Clause 5
Deletion of cautions for relevant offences
Amendments made: 45, page 4, line 3, after “has” insert
“before the coming into force of this Act”.
This amendment makes it clear that clause 5 applies only in relation to cautions given before the coming into force of the Act.
Amendment 46, page 4, line 5, before “criminal” insert “UK”.
This amendment is consequential on amendment NC2.
Amendment 47, page 4, line 27, before “criminal” insert “UK”.—(Kevin Hollinrake.)
This amendment is consequential on amendment NC2.
Clause 5, as amended, ordered to stand part of the Bill.
Clause 6 ordered to stand part of the Bill.
Clause 7
Power to make further consequential provision
Amendments made: 48, page 5, line 7, leave out
“an Act of Parliament passed”
and insert
“primary legislation passed or made”.
This amendment is consequential on the extension of the Bill to Northern Ireland.
Amendment 49, page 5, line 8, at end insert—
“(2A) But regulations under this section may not make any provision which is transferred Northern Ireland provision for the purposes of section (Power of Department of Justice to make further consequential provision).”
This amendment is consequential on amendment NC3.
Amendment 50, page 5, line 15, leave out “an Act of Parliament” and insert “primary legislation”.
This amendment is consequential on the extension of the Bill to Northern Ireland.
Amendment 51, page 5, line 20, at end insert—
“(6) In this section “primary legislation” means—
(a) an Act of Parliament, or
(b) Northern Ireland legislation.”—(Kevin Hollinrake.)
This amendment is consequential on the extension of the Bill to Northern Ireland.
Clause 7, as amended, ordered to stand part of the Bill.
Clause 8
Interpretation
Amendments made: 52, page 5, line 23, at end insert—
“(a) in the case of England and Wales—”.
This amendment is consequential on amendment 53.
Amendment 53, page 5, line 30, at end insert—
“(b) in the case of Northern Ireland, any caution (including a restorative caution) given to a person in Northern Ireland in respect of an offence which, at the time the caution is given, the person has admitted;”.
This amendment makes provision about the meaning of “caution” in relation to Northern Ireland.
Amendment 54, page 6, line 9, after “Wales” insert “or Northern Ireland”.
This amendment is consequential on the extension of the Bill to Northern Ireland.
Amendment 55, page 6, line 21, at end insert—
“(c) Article 6 of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24)).”—(Kevin Hollinrake.)
This amendment is consequential on the extension of the Bill to Northern Ireland.
Clause 8, as amended, ordered to stand part of the Bill.
Clause 9
Extent and commencement
Amendment made: 56, page 6, line 25, leave out “only” and insert “and Northern Ireland”.—(Kevin Hollinrake.)
This amendment provides for the Bill to extend to Northern Ireland (as well as to England and Wales).
Clause 9, as amended, ordered to stand part of the Bill.
Clause 10 ordered to stand part of the Bill.
New Clause 2
Deletion of cautions for relevant offences: Northern Ireland
“(1) If it appears to the Department of Justice in Northern Ireland (“the Department”) that a person has before the coming into force of this Act been cautioned in Northern Ireland for a relevant offence, the Department must direct the Chief Constable to delete details, contained in relevant criminal records, of the caution.
(2) As soon as is reasonably practicable after receiving a direction under subsection (1), the Chief Constable must delete the details of the caution.
(3) Where the Department gives a direction under subsection (1) in relation to a person’s caution, the Department—
(a) must take all reasonable steps to notify the person, or, if the person is no longer alive, the person’s personal representatives, that the direction has been given, or
(b) if it is not reasonably practicable to give a notification under paragraph (a), must take all reasonable steps to—
(i) identify some other person whom the Department considers it is appropriate to notify, and
(ii) notify that person that the direction has been given.
(4) For the purposes of this section, the Department must, in particular, consider any representations made to it which claim that a person has been cautioned in Northern Ireland for a relevant offence, whether or not made by that person.
(5) In this section—
“the Chief Constable” means the Chief Constable of the Police Service of Northern Ireland;
“the Northern Ireland criminal records database” means the names database maintained by the Department for the purpose of recording convictions and cautions;
“relevant criminal records” means—
(a) the Northern Ireland criminal records database, and
(b) the UK criminal records database;
“the UK criminal records database” means the names database held by the Secretary of State for the use of constables.”—(Kevin Hollinrake.)
This new clause makes provision for Northern Ireland corresponding to that made by clause 5.
Brought up, read the First and Second time, and added to the Bill.
New Clause 3
Power of Department of Justice to make further consequential provision
“(1) The Department of Justice in Northern Ireland may by regulations make provision that—
(a) is consequential on any provision made by this Act, and
(b) is transferred Northern Ireland provision.
(2) For the purposes of this section “transferred Northern Ireland provision” means provision that—
(a) would be within the legislative competence of the Northern Ireland Assembly if it were contained in an Act of that Assembly, and
(b) would not, if it were contained in a Bill in the Northern Ireland Assembly, result in the Bill requiring the consent of the Secretary of State under section 8 of the Northern Ireland Act 1998.
(3) The power to make regulations under this section may, in particular, be exercised by amending or modifying any provision made by or under primary legislation passed or made before, or in the same session of Parliament as, this Act.
(4) Regulations under this section—
(a) may make different provision for different purposes;
(b) may contain supplementary, incidental, consequential, transitional or saving provision.
(5) The power to make regulations under this section is exercisable by statutory rule for the purposes of the Statutory Rules (Northern Ireland) Order 1979 (S.I. 1979/1573 (N.I. 12)).
(6) Regulations under this section that amend any provision of primary legislation may not be made unless a draft of the regulations has been laid before, and approved by a resolution of, the Northern Ireland Assembly.
(7) Any other regulations under this section are subject to negative resolution within the meaning given by section 41(6) of the Interpretation Act (Northern Ireland) 1954.
(8) In this section “primary legislation” has the same meaning as in section 7.”—(Kevin Hollinrake.)
This new clause confers power on the Department of Justice in Northern Ireland to make consequential provision as a result of the Bill.
Brought up, read the First and Second time, and added to the Bill.
Title
Amendments made: 23, line 1, after “Wales” insert “and Northern Ireland”.
This amendment is consequential on the extension of the Bill to Northern Ireland.
Amendment 24, line 4, after “Wales” insert “or Northern Ireland”.—(Kevin Hollinrake.)
This amendment is consequential on the extension of the Bill to Northern Ireland.
The Deputy Speaker resumed the Chair.
Bill, as amended, reported.
Bill, as amended in the Committee, considered.
Third Reading
Post Office (Horizon System) Offences Bill (Instructions)
Kevin Hollinrake Excerpts(2 weeks, 5 days ago)
Commons ChamberRead Full debate Read Hansard Text Watch Debate Read Debate Ministerial Extracts
Marion Fellows
Yes. I was appalled, upset and disturbed by the fact that the Scottish Government had been trying to contact Westminster Ministers to get this Bill to cover Scotland as well, and there was no comeback and no correspondence—nobody bothered. One afternoon, within a two-hour period, the Minister—who I greatly admire, as he knows; I have a very good working relationship with him—was able to phone the Northern Irish First Minister, Deputy First Minister and Justice Minister.
The Minister of State, Department for Business and Trade (Kevin Hollinrake)
I thank the hon. Lady for giving way. I have met the Scottish justice Minister twice online; the reason I met the Northern Ireland Ministers physically is that they came here to Parliament to meet us.
May I push back on something that the hon. Lady said a few moments ago? She said that this Parliament is sovereign. Absolutely, it is sovereign, but on these matters, her Parliament is also sovereign. [Interruption.] Clearly, as she said earlier in her remarks, there is legal controversy on these matters—she has admitted that herself. This Parliament is taking the legal risk in that area, but is the hon. Lady aware of her Lord Advocate’s position on this particular matter? These are her actual words:
“It is important to recognise that, in Scotland, there is an established route of appeal in circumstances such as this…and that due process must be followed.”—[Scottish Parliament Official Report, 16 January 2024; c. 14.]
Does the hon. Lady not believe that in that situation, her Parliament should act to overturn these convictions?
Madam Deputy Speaker (Dame Rosie Winterton)
I am quite anxious that we do not have too many long interventions so that, if hon. Members want to catch my eye, there is plenty of time for debate.
Marion Fellows
I thank my hon. Friend for that intervention. I heard the Minister chuntering from a sedentary position that Scottish Ministers should take responsibility for this.
Marion Fellows
They will, but they did not cause the need for this Bill. This is a Westminster issue and should be sorted out here.
Madam Deputy Speaker, I am incensed—people may have realised that. This is not fake anger: this is a real issue for those men who came down here today. They were representative of the 100 sub-postmasters and mistresses in Scotland, and we have not even started to talk about the effect on their families and those who have died. Two years it took Robert Thomson to go through court, during which time his mother died, and it is the same story right across all the postmasters who have lost family members, and postmasters have committed suicide. This has to be sorted.
I go back to my original point. Scottish postmasters will be behind the curve when it comes to applying for the due compensation they are entitled to if they are not exonerated at the same time as the rest of the postmasters in the UK. This is a piece of nonsense. Get it done for Scotland. The Government have done it for Northern Ireland. Get it done for Scotland.
The Minister of State, Department for Business and Trade (Kevin Hollinrake)
I thank the hon. Member for Motherwell and Wishaw (Marion Fellows) for her remarks and her engagement. It has always been a pleasure to work with her both in the Chamber and in other areas. Yes, we have worked cross-party, and I have been very keen to do that all the way through on these matters, but that does not of course mean we always agree.
I was very grateful to have the opportunity to meet the hon. Lady earlier with the Scottish postmasters she referred to. I am sorry that they have not been able to attend this debate. However, at that point I was able to explain to those postmasters why the Government oppose this motion, as our position remains unchanged that this Bill should not be amended to include Scotland.
Marion Fellows
I just want to ask the Minister: what did the Scottish postmasters say to you—
Marion Fellows
I beg your pardon, Madam Deputy Speaker. What did the Scottish sub-postmasters say to the Minister this afternoon? Were they pleased, were they happy and did they feel they were getting justice through this action?
Kevin Hollinrake
I listened to the postmasters very carefully, and of course they would prefer us to legislate in the way the hon. Lady describes. I set out very clearly the reasons why we would not do so, and I think they heard the concerns we raised about how we think we should proceed.
Scotland has a historically separate legal jurisdiction, and the Lord Advocate and the Crown Office and Procurator Fiscal Service have a unique role in prosecutions in Scotland. We feel it is more appropriate for the Scottish Government to bring forward proposals to address prosecutions on this matter in Scotland, and for those to be scrutinised by the Scottish Parliament. The First Minister has previously made public comments suggesting that the UK Government’s approach to the criteria in our legislation was too broad in relation to the convictions it would quash. He is reported, in The National on 27 March, to have said that he wanted
“to make sure that people who have genuinely committed a crime…do not then have access to…compensation.”
We have been clear from the start that there is a real risk of that happening with our approach.
Joanna Cherry
Has the Minister taken the time to read the evidence taken at the Justice Committee when Professor Chalmers said that the purpose of the Bill is to make sure convictions can be quashed so that innocent people can be compensated? The scandal originated with a faulty computer system and dubious investigatory procedures within a UK-wide institution. The scheme for compensation is to be UK-wide, so the paving legislation should be UK-wide, too. That is the opinion of the regius professor of criminal law at the University of Glasgow. Has the Minister given that any thought, and can he tell me why it is wrong?
Kevin Hollinrake
I thank the hon. and learned Member for her point, and I heard the points she raised earlier. It is very clear that all that is required for someone to access the compensation is the overturning of a conviction, and that can be done by means chosen by the Scottish Parliament or the means that have been chosen by the UK Parliament. There will be identical access to the compensation schemes: it makes no difference by whatever mechanism those convictions are overturned.
As I said earlier, the Lord Advocate has said very clearly that
“It is important to recognise that in Scotland, there is an established route of appeal in circumstances such as this…and that due process must be followed.”—[Scottish Parliament Official Report, 16 January 2024; c. 14.]
She is of course entitled to that view. These are difficult political choices, which we have taken in defining the cohort criteria, and it is right that responsible Ministers remain accountable for those decisions. The buck stops here, and it must also stop with the Scottish Government.
Chris Stephens
I am confused at the inconsistency here, so perhaps the Minister could help us. The Government are putting through a Criminal Justice Bill that impacts on Scotland, which has required the Scottish Parliament to pass a legislative consent motion for that Bill. So if it is good enough for the Criminal Justice Bill going through this place, why is it not good enough for this Bill to go through this place?
Kevin Hollinrake
As I said earlier, Scottish Ministers have the responsibility and the means to be able to form this legislation. We think it is important that they take responsibility for their decisions in this area, given the nature of these issues.
Kevin Hollinrake
I will make some progress, if I may.
I note that the First Minister stated on Thursday 18 April that the Scottish Government are prepared to introduce legislation to the Scottish Parliament to overturn convictions—I understand from the hon. Member for Motherwell and Wishaw that that legislation has actually been drafted—and I believe it is possible and necessary for the Scottish Government to do so swiftly. Our position on Scotland’s inclusion in the Bill is very clear. The Government made a statement on 22 February to that effect, and I have written to the Scottish Government on this point. Indeed, the First Minister’s comments, together with the proposed draft amendment to the UK Bill that the Scottish Government have published, suggest that they should be in a position to do so.
The UK Government remain committed to supporting the Scottish Government to progress their own approach to their legislation. I have met Scottish Government Ministers multiple times since this Bill was introduced, and officials at the Department for Business and Trade and the Ministry of Justice hold weekly meetings with officials in the Scottish Government to discuss these issues.
In conclusion, I remain of the view that the Scottish Government should introduce their own legislation to quash convictions in their jurisdiction. As such, the Government oppose this motion.
Sammy Wilson
I will not, because I just want to make two more points. First, the Minister has said, “It can be done quickly through the Parliament in Scotland.” The Scottish Parliament cannot start the process until the law has gone through here. I think I can say this, although some SNP Members might not be able to: the situation in Scotland at the moment does not look good for getting legislation through quickly for any reason, because of the uncertainty around the leadership, what will happen and what support there will be. There is a parallel with the situation we had in Northern Ireland. One of the arguments we made was over special circumstances, with the Assembly just being set up again and the delay that might cause. The Minister’s argument could mean further delay in getting justice for postmasters and postmistresses in Scotland.
Kevin Hollinrake
May I just point out that the legislation apparently has already been drafted for Scotland? There is no requirement for Scotland’s legislation to mirror our legislation; that would be up to the Scottish Parliament, and it is clear that is the case. Will the right hon. Gentleman accept that it is not just the Lord Advocate who is against what we are doing? The First Minister himself said, as I said earlier, that people with safe convictions should not have access to compensation. We are clear that the route we are taking raises that likelihood. It is therefore only right that the Scottish Parliament takes this decision.
Sammy Wilson
That has been the Minister’s position throughout the discussions we had earlier. I am still arguing for including Scotland, on the basis of consistency, fairness, speed and the political signal we should be sending to people in Scotland. No SNP Member will make this point, but I will. We have already heard in this debate that this is more of a political decision. The Scottish National party feels that it is being got at—sometimes it deserves to be got at—but my point is this: when there is a mechanism to avoid it, why create a sense of victimhood? People feel they have been got at and have been treated differently when they could have been treated in the same way as the rest of the United Kingdom. I do not think there is any political merit in excluding Scotland from this legislation. For the people who have been wronged in the Horizon scandal, for the people who have had their reputations damaged, and for the picture of this Parliament as a fair Parliament, dealing with people right across the United Kingdom who have been affected by a United Kingdom problem, I believe this motion should be passed today and Scotland should be included along with Northern Ireland.
Paternity Leave (Bereavement) Bill
Kevin Hollinrake ExcerptsFriday 26th April 2024
(3 weeks, 1 day ago)
Commons ChamberRead Full debate Paternity Leave (Bereavement) Bill 2023-24 View all Paternity Leave (Bereavement) Bill 2023-24 Debates Read Hansard Text Watch Debate Read Debate Ministerial Extracts Amendment Paper: Public Bill Committee Amendments as at 20 March 2024 - (20 Mar 2024)
The Minister of State, Department for Business and Trade (Kevin Hollinrake)
May I first express my thanks to the hon. Member for Ogmore (Chris Elmore) for bringing forward this important Bill and for his collaborative efforts all the way through. He is an absolute pleasure to work with and has always displayed a real Whip’s pragmatism in making sure we got this Bill to the right place so that it could proceed as smoothly as possible. It is great to see so much cross-party support for it.
I also thank my hon. Friend the Member for Broxtowe (Darren Henry), who has long campaigned on this issue and brought it to my attention. In 2022, one of the first meetings I had in my ministerial role was with him. He joined me with Aaron, who is in the Gallery today, and his son Tim. We express our very best wishes to them for their campaigning. My hon. Friend mentioned the power that people such as Aaron have to influence thinking in this place, but that power has to be channelled through a willing and capable Member of Parliament—he will be a Minister in due course, I am sure—and he has displayed that throughout. He has been persistent and his arguments have always been compelling, and persistence is important in this space. He has always engaged with me, trying to find the best way to bring this legislation forward, and he has found it. I am grateful for his efforts, and so many parents will be, too, so I thank him very much for his work.
The hon. Member for Ogmore said—I think profoundly—that there is no politics in bereavement, and that is absolutely right; there should not be. It is always a pleasure for any Member to bring forward a private Member’s Bill, and these things are always team efforts. I was delighted to have that opportunity a couple of times myself as a Back Bencher with the Guardianship (Missing Persons) Act 2017 and the Parental Bereavement (Leave and Pay) Act 2018, which was first promoted by my hon. Friend the Member for Colchester (Will Quince). I picked that up on the back of his persuasion when I was drawn high in the ballot. It is always a pleasure to say you have achieved significant change in this place, and both Members who have contributed today and made the largest contribution to bringing forward this Bill have done that in no uncertain terms.
Unlike entitlement to maternity leave, which starts on the first day of a woman’s employment, there is currently no day one leave entitlement for employed fathers and partners. As such, if a mother dies in the first year of a child’s life, a father or partner who has not met continuity of service requirements for paternity or shared parental leave will not have the statutory right to take leave so that they can care for their child. In those tragic, but thankfully rare, circumstances, they need to rely on the compassion of their employer to provide them with adequate leave and job security. It was good to note that Aaron’s employer did show compassion, but that cannot be relied on as a matter of course. As my hon. Friend the Member for Stoke-on-Trent South (Jack Brereton) said, we decided to use the paternity leave elements of our framework to deliver this legislation, which covers more circumstances. The new statutory entitlement will offer day one leave for fathers and partners in the event of the mother’s death in the first year after the child’s birth. Those are tragic circumstances, and it was very moving to hear my hon. Friend the Member for Hyndburn (Sara Britcliffe) talk about her constituent who is in that situation.
Members have asked in the past for the entitlement to be a paid right. In line with other entitlements, such as statutory parental pay, and for consistency of approach, the Government believe statutory pay should be available only to employees who meet continuity of service and minimum earnings tests. Other than in the case of small employers, employers are required to contribute towards the costs of statutory parental pay and meet the costs associated with their employees’ absence from work. Those requirements reflect the relationship between employer and employee, and are designed to ensure a parent has made a reasonable contribution to their employer’s business before that employer is required to administer statutory parental payments.
On the number of people the measure should apply to, as the hon. Member for Ogmore stated, there are about 180 maternal deaths within 12 months of childbirth per annum. For a variety of reasons, we cautiously assume that 50% of those eligible will take up the leave entitlement. For example, it is highly likely that those who are eligible for shared parental leave and pay will take that paid entitlement instead, and some employers may provide paid bereavement, compassionate or special leave. Although the numbers may be small—we estimate fewer than 100 per annum—we are committed to ensuring parents in that position have a dedicated leave entitlement.
Once in force, the Bill will give bereaved parents the support and protection they need during one of the most devastating periods of their lives. It will be available to employees, regardless of how long they have been working for their employer, provided they fulfil other eligibility criteria. Although we estimate that the number affected by those circumstances is low, the emotional strain and physical toll of caring for a new child while grieving the loss of a partner is unimaginable.
I am pleased that the Government can support this vital piece of legislation through the Houses. On Second Reading and in Committee, its ambition gained cross-party support. We continue to discuss our plans for the Bill with stakeholders, including the Federation of Small Businesses, the Institute of Directors, the Confederation of British Industry and charitable organisations such as Working Families and Pregnant Then Screwed, and we look forward to working with them further to develop this legislation.
Losing a partner is a truly horrific experience for anyone, and combining that terrible grief with the challenges of caring for a new baby must be incredibly hard. I very much echo the sentiment expressed by the hon. Member for Ogmore: I sympathise with anyone who finds themselves in that terrible situation.
The United Kingdom has a range of generous entitlements and protections designed to help parents balance their family and work commitments and maintain their place in the labour market. For example, the UK has one of the most generous maternity leave entitlements in the OECD. We also offer paternity leave and pay to fathers and partners, and enable a mother to share her maternity entitlement through shared parental leave and pay. We are also on track to deliver neonatal care leave and pay for those parents who need to take time to be with their baby when they are receiving neonatal care, with up to 12 weeks’ entitlement.
In all, there are seven new private Members’ Bills that expand entitlements in the workplace, and they include: this Bill; the neonatal care legislation; the right to request flexible working; the tipping Bill; carer’s leave, which entitles those with a dependant with long-term care needs to take up to a week’s care leave per year; the right to request predictable terms and conditions—predictable hours, if you like, Mr Deputy Speaker—and protection from redundancy for parents who are pregnant or on maternity leave when they return to work.
Nickie Aiken (Cities of London and Westminster) (Con)
My hon. Friend is making a good point about the private Members’ Bills that have been coming through the House to help with employment rights in the workplace. He will recall that I had my own Fertility Treatment (Employment Rights) Bill. Does he agree that it is important that we do as much as we can to support people going through fertility treatment to get paid time off work?
Kevin Hollinrake
My hon. Friend is a doughty campaigner and has approached the issue in absolutely the right way. I know that she was keen for us to legislate in that area. We have made so many different improvements to workplace entitlements that we did not feel there was parliamentary time available for that, but I know that she will keep campaigning. In the background, prior to legislation happening, she has worked closely with many employers to ensure that they offer that support on a voluntary basis. She is setting the right standard in showing what can be achieved even without legislation in this place, and I very much support her efforts.
The shadow Minister, the hon. Member for Ellesmere Port and Neston (Justin Madders), asked whether we are considering greater protections against redundancy in certain circumstances. We are, and I am happy to have a continued conversation with him on that.
When in force, the Bill will ensure that a parent who is already grieving the loss of their partner does not have to worry about whether they will get the necessary leave from work to care for their child. As I stated in Committee, the Government wholeheartedly supported the amendments tabled by the hon. Member for Ogmore, which are crucial to ensuring the Bill’s effectiveness, fairness and inclusivity, and support the Government’s commitment to bolster the participation of parents in the workplace.
As with most family leave and pay entitlements, much of the detail will be delivered through secondary legislation, which will come before the House in due course. By introducing this change to the legislative framework, we will ensure that employees who lose their partner in the time surrounding childbirth or adoption have access to a period of leave to care for their new child. This change means that bereaved partners need not rely on the good will of their employer to take time off work—and, importantly, they can stay connected to the labour market until they can return to work.
I thank hon. Members for their valuable contributions to the debate. The Bill is an important extension of the support and protection that we already provide to parents; in this case, it is for when they face one of the most challenging situations of their lives. As such, the Government take pride in endorsing this private Member’s Bill. I again thank my hon. Friend the Member for Broxtowe, other hon. Members who made contributions and, finally, the hon. Member for Ogmore for continuing to work with me to develop the Bill into a piece of legislation that will work effectively for parents and businesses alike. I also thank the officials, who have done such a fantastic job. As I said, it is not just this legislation, because we have six other private Members’ Bills. They have worked under huge pressure this year and done a fantastic job. I very much appreciate their efforts. I hope that the Bill will progress rapidly to the next stage in Parliament.
Draft Accounting Standards (Prescribed Bodies) (United States of America and Japan) (Amendment) Regulations 2024
Kevin Hollinrake Excerpts(3 weeks, 3 days ago)
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The Minister of State, Department for Business and Trade (Kevin Hollinrake)
I beg to move,
That the Committee has considered the draft Accounting Standards (Prescribed Bodies) (United States of America and Japan) (Amendment) Regulations 2024.
It is a pleasure to serve with you in the Chair, Mr Hollobone.
The regulations were laid before the House in draft on 21 February, and were debated and agreed under the affirmative resolution procedure in the Grand Committee of the House of Lords on Tuesday 26 March. The Accounting Standards (Prescribed Bodies) (United States of America and Japan) Regulations 2015 provide a regulatory easement of the UK’s company reporting rules for US or Japanese-listed parent companies that have chosen to re-domicile in the UK. The easement was originally introduced in 2012, and was extended in 2015 and 2022. It provides qualifying companies with extra time to transition from their national accounting practices to UK-recognised accounting standards.
Parent companies listed in the US or Japan may take up to four financial years, following UK incorporation, in which to make the transition, in order to prepare their group accounts in line with UK accounting principles. When originally introduced in 2012, this was deemed especially helpful for companies using US or Japanese accounting standards, which might otherwise have struggled to adapt to UK domestic standards when domiciling to the UK. By providing this exemption, the regulations make the UK a more attractive place for companies in those jurisdictions to re-domicile into.
In 2023, the Department published a post-implementation review of the 2015 regulations. The review took evidence from a small number of previously US or Japanese-listed, now UK-domiciled, firms about their cost savings from the easement. The survey responses confirmed that the regulatory easement provides flexibility and enables cost savings for the businesses using it. Businesses that responded to the survey reported that the easement reduced their conversion costs significantly. One company also said that the regulations allowed it to submit accounts in the “most prudent and efficient” way while listed in the US.
Having conducted the post-implementation review, the Government decided to extend the regulations, which we believe make a small but useful contribution to a pro-growth regulatory regime that supports inward investment. To give effect to that decision, the Government laid the Accounting Standards (Prescribed Bodies) (United States of America and Japan) (Amendment) Regulations 2023 before the House on 6 September 2023. Those regulations extended the easement in recognition of its evident benefit to businesses that have used it so far. The easement would have expired without those regulations, thereby requiring newly domiciled US and Japanese companies to immediately convert accounting practice when filing their first set of UK accounts.
Although the post-implementation review found that the regulations are a helpful feature of the UK’s regulatory environment, it also identified a small risk of abuse or misunderstanding. The review noted that more could be done to improve the understanding that the easement is a transitional, time-limited concession, not a permanent exemption from the UK’s company reporting rules. In particular, the 2015 regulations did not require companies to indicate when their four-year period ends, which made it difficult to determine whether a company had exceeded the easement period. That would leave the door open for companies to use the easement for longer than permitted and make it difficult to monitor that risk.
The Government did not find any specific evidence of that abuse; none the less, we chose to take a proactive measure to prevent it. Regulation 4 of the 2023 regulations introduced an obligation on companies using the easement to include a note in their accounts stating when the easement ceases to apply. This additional requirement on companies was deemed to be a simple and proportional mechanism to reduce the potential risk of abuse. Regrettably, in making the provision to require a note in the accounts, the Department for Business and Trade made an error of parliamentary procedure by using the negative resolution procedure, rather than correctly using the affirmative resolution procedure.
The new statutory instrument is intended to correct the error. It removes regulation 4 of the 2023 amending regulations and substitutes a new regulation 5A in the 2015 regulations, doing this through the correct, affirmative resolution procedure. The rest of the 2023 amending regulations were made correctly, but the Government are grateful to the Joint Committee on Statutory Instruments for drawing their attention to the procedural error.
Driving growth in the UK economy requires attracting inward investment. The regulations are just one example of how we can make it easier for overseas companies to incorporate in the UK and create jobs in the UK economy. I urge the Committee to approve them.
Kevin Hollinrake
The prescribed bodies regulations provide an easement of the UK’s company reporting rules to support US and Japanese-listed parent companies that have chosen to domicile in the UK. I very much appreciate the shadow Minister’s support for the measures. For some larger companies, the savings can be in the millions of pounds. Helping companies to more easily move their incorporation to the UK, by reducing the costs of the switch, is the right thing to do for our economy and helps to ensure that the UK remains attractive and open for business. The Government now propose to correct the procedural error in making regulation 4 of the 2023 regulations, by means of this affirmative statutory instrument. I commend the regulations to the Committee.
Question put and agreed to.