Postal Services Bill Debate

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Postal Services Bill

Michael Connarty Excerpts
Thursday 9th June 2011

(12 years, 11 months ago)

Commons Chamber
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Michael Connarty Portrait Michael Connarty (Linlithgow and East Falkirk) (Lab)
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Despite all these amendments, which have been won by clear arguments put by Labour Members in the House of Lords and the Cross Benchers who supported them, I am still concerned about having a Bill that is fit for purpose.

Lords amendment 1 provides a new requirement that the report made by the Secretary of State will make clear the

“objective intended to be achieved”

by the disposal of shares in Royal Mail. I have followed this issue very closely so I know that everything else falls on that. As you know, Madam Deputy Speaker, I am the secretary of the Communication Workers Union liaison group of MPs in this House and have been so for more than a decade. Despite all the Minister’s warm words, it is not clear what this is meant to achieve that can be achievable under this privatisation model as structured.

Does the “objective intended” include maintaining Royal Mail as an organisation able to deliver to all parts of the UK for a single charge or two varying charges? The Bill and the amendments provide no guarantees that that is the case. Will that be covered in the report given each year by the Secretary of State to the House in order to show just how far the failure has been progressed, and how far my concerns and those of other Opposition Members have been realised? If we were to fragment Royal Mail—it is entirely possible that that will happen as there is nothing to prevent it under the Government’s privatisation model—a Scottish regional mail delivery service could be given responsibility for meeting that objective under this model. That provider might then find that that particular part of the United Kingdom—the same could happen in places such as Cornwall and elsewhere in the south-west—the sparsity of the population and the diversity of the communities mean that it is not possible to make a profit. This process is about a privatisation and about giving organisations the right to run Royal Mail as an organisation that must make a profit. The Bill would allow them to come back to ask the Secretary of State to allow them to get rid of that universal service obligation.

Ed Davey Portrait Mr Davey
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Will the hon. Gentleman tell the House which part of the Bill he is worried about? Which part will cause the fragmentation he is describing?

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Michael Connarty Portrait Michael Connarty
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The part of the Bill I am talking about—

Baroness Primarolo Portrait Madam Deputy Speaker (Dawn Primarolo)
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Order. We are not discussing the entire Bill. We are having a time-limited debate about specific amendments. The Minister knows that as well as every other Member of this House, so I am sure that he does not want to tempt the hon. Member for Linlithgow and East Falkirk (Michael Connarty) down that path. Perhaps the hon. Gentleman can focus specifically on these amendments so that the Minister will not be troubled.

Michael Connarty Portrait Michael Connarty
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I was talking about the amendments; the new requirement in Lords amendment 1 is that the report must include the

“objective intended to be achieved”

by the disposal of shares. That is a specific Lords amendment and I am questioning what will be put before the House as a result. Will it be a report on the progress of fragmentation and of these parts in trying to achieve the Minister’s stated aim for his sale of these shares?

The Minister has spoken repeatedly about finding some way of saving the post office network. I know that great steps have been made on the Bill through the amendments won by the diligent efforts of Labour Members and Cross Benchers in the Lords. There will be some sort of inter-business agreement and it will be extended. I know that the Minister is not trying to pull the wool over our eyes, because he is telling us about his aspirations. However, when I hear him talk, I am unsure what his benchmarks for achievement under these amendments will be if it turns out that his idea of having a full network of post offices and post office “locals” does not work, the “locals” fade away and—I believe this will happen—we begin to lose post offices at a faster rate than would have happened under the previous Government’s plans to stop the flood by taking out a number of post offices and hoping to leave enough business for those that remained.

I did not agree with that approach, but I recognised what the previous Government were trying to do. I do not understand how the Secretary of State will report on these matters as a result of these amendments. If the report were honest, it might suggest that we have to do something different. I want the Minister to tell us what he feels his duties now are as a result of these amendments or what he feels the duties will be of whoever succeeds him, should there ever be a change of Minister. I do not wish such a change upon him, because he deserves to come back to apologise for everything he is now bringing about.

Is this about return to the Exchequer? Let us look at the attempts of previous Governments to sell shares and at the way in which they sold those shares. The sale of the first tranche of British Telecom shares achieved a 90% profit in one day for those who bought them, because it was an attempt to get quick money into the Exchequer—or was it just to get British Telecom into the private sector? If it was to get money into the Exchequer, the then Government appear to have greatly short-changed themselves and the country. A better example, also in telecoms, is provided by the sale of level 3 broadband, in which we made a substantial profit for the Exchequer because of the way in which we auctioned it off, although that did not please people in the industry.

I would like the Minister to tell us how these things are going to work. Will the judgment be based on return to the Exchequer? I know that the Government will, if they get their way, want to balance that against their willingness to take on any deficit in the pension fund that comes with taking on the pension assets. These matters have to be clearly spelt out by the Secretary of State so that people can judge what he is going to do in the Bill. That is what is accepted in the amendment. People want more clarity because we have not been given a clear understanding of the benchmarks and targets that the Government hope to achieve. We have had warm words and aspirations, but given the backdrop—the person who has given those assurances has previously given assurances that they were against full privatisation of the Post Office—we would like to see something a bit more solid on the ground. Perhaps the Minister could say something about what the intentions are.

The amendment also asks for more information about the purpose and structure of the mutualisation. It has been suggested to the Government that it might be useful to set up a task force immediately, but I do not think they have taken that idea up. The idea is to give share options to the members of a work force who have seen 55,000 of their members thrown out the door already and who have heard from the chief executive in the past few days that another 40,000 are about to go behind them, so there is hardly going to be an atmosphere in which anything can be done mutually unless a lot of hard work is done.

I agree with the points made my hon. Friend the Member for Birmingham, Erdington (Jack Dromey) about the hard work and dedication of long-term Post Office employees. We know that people go and work there in the short term and realise that it is a difficult job with unbelievably hard hours and that they often have to work in the most inclement weather to get the mail through. However, many of the people who have been there for a long time want the company to succeed and want its work force to be secured and modernised. A task force would be useful, and it would be useful if the Minister would spell out exactly what will be the benchmark for mutualisation so that the amendments have some value when they are in the Bill.

Mike Weir Portrait Mr Weir
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The proposal is for the mutualisation not of Royal Mail but of Post Office Ltd, so the average postie does not come into this. They are the ones who will be subject to whoever takes over. Mutualisation will apply only to Post Office Ltd after it is demerged from Royal Mail some time in the future.

Michael Connarty Portrait Michael Connarty
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That is even more frightening. People at that end of the business are facing the same problems from the same management. If the management model has changed, I would like to think that the Minister would put that forward.

Those are my concerns about the amendments, which have been hard won and which came with a promise from the Government that there would be real changes that would make a difference to the Bill. I wonder therefore whether the Minister, if he speaks on this again, will give some idea of what is going on to give us an infrastructure for these matters.

My final point is about the sale of shares to employees. The record is exactly as the hon. Member for Angus (Mr Weir) said. Shares are slowly but surely bought up by large organisations. The famous case is the one with Sid and the idea that Sid had some power, but Sid’s shares are probably now owned by several multinational hedge funds or equity funds or perhaps by insurance companies or a pension fund or two. There is this idea that members of the work force will get shares that will give them some sense of ownership, and I remember the first debates in which this was talked about by Ministers. This is one of the myths that the Liberals like to push—that if someone is given a few shares, that will make them a part of the ownership of the business. It does not do that unless those shares come with some powers. As we have seen from many of the banks’ recent annual general meetings, even having large amounts of shares does not give one any power over bonuses, performance or the behaviour of the people who run the companies. What will come with the deal apart from a few stocks and shares that will be stuck in the bank until they are sold to fund a holiday?

Baroness Burt of Solihull Portrait Lorely Burt
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The hon. Gentleman says that having large numbers of shares does not necessarily help, but being a small shareholder can be extremely helpful in large companies in which even small shareholders have a say and a voice.

Michael Connarty Portrait Michael Connarty
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I only wish that that were true. I assure the hon. Lady that although small shareholders can go along and make a protest and trumpet what they have to say, the bonuses, the sale of companies and the redundancies will still be voted through regardless of small the shareholders’ shouting. I am not in the business of standing on the fringe and shouting. I would much prefer the Bill to be rejected out of hand. I am against the privatisation of Royal Mail and I believe that the pension fund deficit was caused by the holidays taken by Royal Mail and Post Office Ltd, which were allowed by previous Governments of both hues. I would rather be standing here opposing what the Government are about to do to Royal Mail because I think that all the assurances we have been given, hard-won though they are, will not make a difference.

Capitalism will work as capitalism works and will do what is to the advantage of the people who hold the majority of the shares for the bottom line of their dividends. That will mean that people will lose their jobs and the Post Office will not be sustained using Royal Mail, which will not continue to provide a universal service at one price. The amendments will have to come with a lot more specific targets, which I do not see in the Bill or in any of the schedules to the Bill. Although I welcome the smaller amendments that have been made in this part of the Bill, I do not believe they will make a major difference to the outcome for Royal Mail or Post Office Ltd.

Ed Davey Portrait Mr Davey
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The hon. Member for Linlithgow and East Falkirk (Michael Connarty) finished where the hon. Member for Llanelli (Nia Griffith) started—in total opposition to the Bill. I have to tell the Opposition that they are ignoring the economic and financial reality of Royal Mail. As a result of the reduction in letter volumes because of technology such as e-mail, the internet, text messaging and social networking, it is losing a huge amount of money. The reduction in letter volumes—its core business—is predicted to fall again and again, but it is not only Royal Mail that is affected. Every postal administration around the world is seeing letter volumes and revenues go down. That means that those administrations are leaching money and something has to be done. The previous Government failed to do anything, although I should pay tribute to Lord Mandelson, who had the decency, on Second Reading in the other place, to recognise that we were on the right track with this Bill. The fact that Labour Front Benchers are unable to recognise that today is testament to Labour’s unwillingness to face up to the reality of the challenges.

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Richard Fuller Portrait Richard Fuller (Bedford) (Con)
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I should like to echo the comments of my hon. Friend the Member for Solihull (Lorely Burt). This is a listening Government who are seeking to improve legislation at all stages and in every way, and that is evident from the Lords amendments before us today.

I should like to speak particularly to Lords amendments 17, 20 and 22. They represent a significant shift in the terms offered to Royal Mail, to the advantage of the Royal Mail group. In Committee and again today, we have heard justified praise for the present management of the group. Moya Greene is an exceptional leader of the group and she is bringing her depth of experience to the provision of Royal Mail services in the United Kingdom. It was not always thus, however. The group has at times had a poverty of good management. Indeed, its management has at times been weak. Many times during our discussions of the Bill, we have recognised that the people who best knew how to run the Royal Mail group were the postal workers themselves and their representatives in the Communication Workers Union. The amendments demonstrate our faith that the management and the unions will use the new advantages to the best effect and in the long-term interest of the people who use Royal Mail services.

We are extending for 10 years Royal Mail’s ability to be the sole universal service provider. As hon. Members on both sides of the House have pointed out, that is a sensible and welcome change, because it will enable difficult investment decisions to be made with more certainty about market conditions. We are also providing that, after five years, the other operators will be able to receive a charge for any inefficiencies or burdens resulting from universal service provisions not being made. I hope that the Minister will be able to assure me that sufficient incentives will exist for the management of the Royal Mail group to continue to make the improvements that he rightly identifies as necessary over the next five years. Perhaps he will also be able to update the House and give us assurances on progress with the unions in relation to these advantages.

These measures demonstrate that we are placing additional trust in responsible management and responsible unions in our Royal Mail group. We are making significant changes in the Bill, to the benefit of the people who work for the postal service. They will move it forward, and they represent a welcome step. However, we shall require the recent excellence in the provision of services to continue. We do not want to have to look back in five years’ time and say, “We gave you those chances, but you didn’t take the necessary steps to modernise. Now we are going to have to burden other people because you didn’t take up all the advantages that we provided.” These are good amendments, and I fully support them.

Michael Connarty Portrait Michael Connarty
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The hon. Member for Bedford (Richard Fuller) referred to the trade unions in a way that sounded as though he did not accept the hard work they have done over the past decade and a half to try to get a good relationship with the management. The amendments were driven by the work of the Communication Workers Union, working alongside the Labour Lords and reasonable people on the Cross Benches, and they have now been taken up by the Government. Only one of the amendments before us today did not come through the debates in the Lords as a result of the work with the CWU. The unions have always been responsible. I can assure the hon. Gentleman that, over the decade in which I have been the secretary of the CWU parliamentary liaison group, the management have been horrendous in the running of Royal Mail and the Post Office.

Richard Fuller Portrait Richard Fuller
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I appreciate the opportunity to reassure the hon. Gentleman that he must have misheard what I said. I said precisely what he has just said—that the people who have provided leadership in the Royal Mail group and who have provided a consistency of belief in the ethos of public service provision have been the workers themselves, and that they have been let down by the management over a number of years. I said that the CWU, with the business agreement it put in place, showed that it had learned that it needed to be constructive and positive, and that it provided great leadership. My hope was that, with Moya Greene in place, we have a solid partnership of management, workers and the unions that can move forward. The hon. Gentleman was not always present in Committee; if he had been, he would have heard more clearly that I am strong supporter of the CWU. I am glad to have the opportunity to clarify that.

Michael Connarty Portrait Michael Connarty
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I am grateful, and I am glad that we have a solid platform on which to continue the debate.

It is remarkable that not just myself, but not a single Labour member of the CWU parliamentary liaison group, which worked together with the CWU and the Post Office, was asked to participate in the Committee considering this Bill. I might ask the Minister some detailed questions that he could have answered before if I had been granted access to his knowledge and aspirations in Committee. That position will have to be explained by the business managers—not by me, as it has never been explained to me.

I wish to focus on amendments 21 and 22. Let me provide some background. The 10-year period in amendment 22 for the universal service provider—currently, Royal Mail—is welcome, but the phrasing of the provision amounts to a get-out clause. Lords amendment 22, as it says in the explanatory notes,

“would prevent Ofcom from making a procurement determination within 10 years from the day that Part 3 of the Bill comes into force, unless the universal service provider agrees.”

Thus we have a privatised Royal Mail with a universal service obligation; it has all the burdens, which are not going to be shared properly with others in the business. Others have already cherry-picked much of the provision—TNT, to name just one, and many others come through our door, delivered in the last mailbag by Royal Mail employees. As far as I can see, none of the burden is going to be shared with Royal Mail for providing that universal service; it all falls on the universal service provider.

By using deductive logic, people can see that the privatisation of the universal service provider, Royal Mail, should not be continued. We would like Ofcom to look at splitting up the obligation and sharing some of the burden by allowing some other regional post office or mail provider to come in and take on some of it. It is possible that in a privatised scenario, the interests of Royal Mail—at the moment, the public service provider—will not be the same. As I say, there is a get-out clause.

Clause 33(5) will permit the Secretary of State to amend the minimum requirements of the universal service postal provision in clause 30—a mail service for six days a week, provided at an affordable and uniform price throughout the UK. Under clause 33(7), an affirmative resolution is required before the Secretary of State can make amendments, but a coalition Government with a majority can easily achieve that. This is predicated on good will, in a sense. On a more negative view, we see these provisions as being nothing but wallpaper for public consumption, which will not help us to face up to the financial problems of a privatised Royal Mail operating in a privatised environment. In that context, it might not be sustainable.

I am concerned when the amendments can be interpreted in two different ways. I have not had the benefit of interrogating the Minister in Committee, of hearing the Committee debates or of participating in the debates in the House of Lords that led to these amendments being brought forward.

Lords amendment 21 increases the three-year period in clause 42—which provides for Ofcom to review the extent to which the universal service provider is bearing a financial burden—to five years. If that extension is such a good thing, why is this a Government amendment? Why was it not tabled, here or in the House of Lords, on behalf of the work force, via the Communication Workers Union? What is the reason for the extension?

The provision of a universal service is one of the great burdens on Royal Mail. Delivering post in parts of the constituency of the hon. Member for Angus (Mr Weir) or a constituency in Somerset is much more burdensome than delivering it within the square mile of the City of London. The last Government, who allowed commercialisation, were immediately accused of allowing some companies to cherry-pick the deliveries. That is why TNT made so much money: it is much more interested in cities and large conurbations than in the universal service obligation, which covers all the sparsely populated and difficult parts of the country. The capital and work force required by the universal service provider cannot be utilised at its optimum level because of the unevenness of the urban density and geography of the country. Some areas are more profitable than others, but the burden of delivery must still be carried.

Clause 43 provides for the regulator to consider mechanisms for a burden-sharing arrangement if Ofcom finds that such a burden exists. I welcome that proposal. Ofcom could take three possible courses. It could review the minimum requirements of the universal service under clause 33, which means downgrading the service. The Minister said earlier that that was not one of the Government’s aims. There could be an industry or users’ levy, which has been hotly resisted by the privatised cherry-picking companies which have made a killing from the commercialisation of Royal Mail delivery in the past decade. There could be a “procurement determination”, allowing the universal service provider’s obligation to be changed under clause 43. No one knows what course Ofcom will choose, but we do know that if there is to be any logic and justice in a levy across the industry to help with universal service provision, the Lords amendment will not allow it to happen for five years.

This is a negative amendment. It leaves Royal Mail with a burden that it cannot shift, cannot share with others, and cannot ask Ofcom to share with others for five rather than three years. Perhaps the Government want that to happen. If that is what they are up to, let them tell us. I know that the extension to five years has been welcomed by those who are currently making a nice killing by cherry-picking certain kinds of mail, but a real problem will face whoever bears the universal service obligation under privatisation. No subsidies will be offered; the provider will have to stand on its own two feet and make a profit. It will have to seek a change.

The extension to 10 years proposed in Lords amendment 22 is all right as long as the procurement trigger is not used by the universal service provider, but I think that the two proposals are heading in the same direction. Following privatisation, there will be pressure on the universal service provider—currently Royal Mail—to offload some of its universal service obligation. It could do that by means of a change in the number of deliveries. There have already been some changes: there is now only one delivery per day, and letters are not collected from mail boxes between lunchtime on Saturday and 5 pm on Monday. All those adjustments were made under the pressure of commercialisation, but there will be other pressures.

What worries me particularly is the possibility that regions to which a provider does not want to deliver will be offloaded on to another provider. That provider will then go to the Secretary of State or Ofcom and say, “We cannot make a profit on this.” My hon. Friend the Member for Dunfermline and West Fife (Thomas Docherty) was asking about this point earlier. The provider will say, “It is not viable, so we want to be able to change the arrangement either by cutting the number of deliveries or pick-ups or by altering the price of the delivery.”

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Ed Davey Portrait Mr Davey
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That is the whole point of the Bill’s ensuring that the universal provision is there for us. It will be maintained, because the regulator, Ofcom, will ensure that the universal service provider meets the minimum requirements, including on performance. If a company took over the management of Royal Mail and became the USP, it would be subject to that very tough regulatory regime.

My hon. Friend the Member for Bedford (Richard Fuller) rightly praised the management of Royal Mail, led by the chairman Donald Brydon and the chief executive Moya Greene, who have made a real difference in their time at the helm; the Government have huge confidence in them. My hon. Friend asked what the incentives for management were. Having met the chairman and chief executive and having attended a board meeting recently, I assure him that its management is really seized of the need to modernise Royal Mail. Look at the way in which we have set the regime up: the Bill makes it clear that Ofcom must, when regulating, have regard to the need for the USP to become, and to remain, efficient, so there will be a regulatory framework to bear down on management—but there also are other incentives for management. He was right to make that point.

My hon. Friend also asked about the role of the unions. Royal Mail’s management and I have engaged very constructively with the Communication Workers Union, and I have already welcomed its very strong support for the amendments we are discussing today, which it recognises as strengthening the protection of the universal service that its members provide. There are, however, some difficulties. I was disappointed by the CWU’s decision to ballot for strikes in London about modernisation and I hope that the ongoing talks will prevent a strike from going ahead, as industrial action would only damage the very universal service that we are all acting to protect.

The hon. Member for Linlithgow and East Falkirk (Michael Connarty) went very wide in his remarks on the regulation. I know that he is secretary of the CWU parliamentary liaison group, and I wish that he had been on the Bill Committee, as that would have spiced things up. We had a great time on the Committee. I remember fondly the days of Red Bull amendments, Gordian knot amendments and clause 3 amendments and all the rest that we heard from the Labour party. No doubt we would also have had the Linlithgow and East Falkirk amendment if the hon. Gentleman had been on the Committee. He is particularly concerned about Lords amendment 22, on which he spent a lot of time, about the procurement determination. As I said in my opening remarks, that change has been welcomed by Royal Mail and the CWU because it provides greater certainty. I also said that people had interpreted the option of procurement decision, if there were a decision that the USO represented an unfair burden on the USP, in ways that we had not expected. We believe it is a useful tool in the regulator’s armoury to make sure that the universal service will be provided throughout the country. It is not an attack on the USP, as some people had expected. The measure is designed to ensure that the legislation is future-proofed and to make sure that the regulator has all the necessary tools at its disposal.

Let me bring my remarks to a close—

Michael Connarty Portrait Michael Connarty
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The Minister has missed out Lords amendment 21, which came from the Government side and has not been discussed or pushed for by anyone else. That amendment changes from three years to five the time after which the issue of levy and burden-sharing will be set aside. That has been welcomed by the people who are making lots of money out of cherry-picking in relation to Royal Mail at the moment.