Employment Rights Bill

Lord Leong Excerpts

Committee stage
Thursday 5th June 2025 Lords Chamber

[Lord Hunt of Wirral (Con)]

My Lords, we are very grateful to the noble Earl, Lord Clancarty, the noble Lords, Lord Freyberg and Lord Hendy, and the noble Baroness, Lady McIntosh of Hudnall, for bringing this very important subject to the attention of this Committee. All sectors of the economy, including the creative industries, deserve fair and proportionate attention in the development and review of employment law, particularly when, as the noble Earl pointed out, the workplace is changing so fast and at such speed.

As the noble Earl reminded us, we need a framework which strikes the right balance. We are all grateful to him for not commenting in any detail about an ongoing dispute, which we will all carefully avoid mentioning any more, although we all agree we must keep a watching brief on what is happening as regards that particular instance.

However, as we consider wider reforms to employment rights and protections, we must ensure that we are not unintentionally leaving out those in less conventional work arrangements. Performers and others working in the creative industries often operate outside the normal employer and employee model. They frequently rely, as we have heard, on casting directories and digital platforms to access work—platforms that are increasingly central as to how creative labour is bought and sold, and have been for a number of years. Yet this part of the labour market is rarely the focus of legislative scrutiny. That must change.

I hope we are all agreed that we cannot claim to be modernising employment law if we ignore how it interacts with one of the fastest growing and culturally significant sectors of our economy. This amendment does not, of course, call for regulation but for understanding. A review will help us grasp better whether existing protections are functioning as they should, and whether any further action is needed to ensure fairness and transparency in the systems on which performers so clearly depend. I look forward to hearing from the Minister as to how he would like to respond to what is a fast-changing situation.

[Lord in Waiting/Government Whip (Lord Leong) (Lab)]

My Lords, I thank all noble Lords who have contributed to this very short but very interesting debate, and declare an interest that many and perhaps all my actor friends are registered with Spotlight. I take this opportunity to thank the noble Earl, Lord Clancarty, and the noble Lord, Lord Freyberg, for tabling Amendment 204C.

Providers of work-finding services, which can include digital services, are regulated through the Conduct of Employment Agencies and Employment Businesses Regulations 2003, which are enforced by the Employment Agency Standards Inspectorate, and in due course they will be enforced by the fair work agency. I hope that answers the question of the noble Lord, Lord Freyberg, on who enforces regulations in this area.

The conduct regulations also allow for employment agencies to charge work-seekers in specific occupations, such as actors, musicians and singers, fees for their inclusion in a publication for the purpose of work finding. These costs can be no more than a reasonable estimate of the cost of production and circulation of that publication.

I am sure that all noble Lords will appreciate that I cannot say anything more about the ongoing litigation between the actors’ union and that particular organisation. However, I will share with all noble Lords how the Government are supporting the creative sector.

The UK is home to world-class creative industries. Every single day, our arts and culture bring joy to millions of people, not just in our four nations but all over the world. Every second, someone somewhere will be listening, reading or hearing one of our creative artists. They are part of our soft power, part of our economic power and part of the joy that we so generously give the world. They enrich our lives, bring our communities together and drive our economy. The creative industries have been identified as a growth-driving sector in our strategy, Invest 2035.

People and skills are an important part of this strategy. The Government have been working closely with the sector, including through the creative industry sector plan task force, to develop a plan for the sector. The Creative Industries Taskforce includes Creative UK, the British Fashion Council and the Royal Shakespeare Company, and I hope that it will address some of the issues that were asked about earlier by the noble Lord, Lord Freyberg. I appreciate the noble Lord’s efforts to improve the working conditions of those in the creative industries, and I will discuss this further when we debate a later amendment on the performing arts and entertainment sectors tabled by the noble Lord, Lord Freyberg.