Brexit: Protection for Workers

Lord Stevenson of Balmacara Excerpts

Thursday 7th March 2019 Lords Chamber

[Lord Henley]

Would the noble Lord like unemployment levels at the same rate we see in France, or would he prefer to see employment and unemployment levels at the rates we have in this country, where we also have the right sort of protections for workers but do not have inappropriate protections that prevent people getting jobs?

[Lord Stevenson of Balmacara (Lab)]

My Lords, the Statement refers to the intention to establish,

“a new body to bring together the relevant enforcement functions”,

of the gangmaster agency and others. The Minister did not give the exact position in his response to my noble friend. There is an opportunity for a new body to have trade union representation. Can he confirm that that will be under consideration?

My main point relates to two things. First, the gig economy has been raised. Is it in the Government’s mind to eliminate once and for all the gap between “employees” and “workers”, which has bedevilled many of the issues we have been talking about? There is a need to make sure that all workers are employees so that they can have the rights and protections the Government are now bringing forward.

Secondly, on the new body, is this not the time to bring in some of the other issues that have affected workers’ rights, such as giving the Small Business Commissioner statutory powers under this new body? Also, would it not be sensible, as is perhaps alluded to in the Statement, to bring in the enforcement body that the Treasury operates for flagrant breaches of the low pay regulations, including the national minimum wage and the national living wage? They should also be part of the same body.

[Lord Henley]

I think the noble Lord will find that my right honourable friend referred to HMRC as one of the bodies that might be brought into some new enforcement body. As he made clear, it is a matter for consultation. We will want to consider what possible arrangements we can come to, but I cannot go any further than that at the moment.

The noble Lord also asked about dealing with the problems of the definitions of “worker” and “employee”. It is quite difficult. I can go as far back as when I was sitting the Bar exams a very long time ago. I found it quite difficult then; it is still difficult, but it certainly needs to be considered. No doubt that is something we can consider in due course when we come to legislation following Taylor and our Good Work Plan.