Employment Rights Bill (Eighteenth sitting)

Peter Bedford Excerpts

Committee stage
Thursday 9th January 2025 Public Bill Committees

[Justin Madders]

I understand the hon. Gentleman’s point, but this is about how we intend to deal with industrial relations and the workplace in future—the tripartite arrangement, where we get everyone in the room, so they can agree or put different points of view. As has been demonstrated successfully by the Low Pay Commission, that results in the right balance, which is good for the economy and good for workers. It results in settlements that everyone can agree with.

[Mr Peter Bedford (Mid Leicestershire) (Con)]

It is good to see you in the Chair, Sir Christopher. To follow up on the point that my hon. Friend the Member for Bridgwater makes about the advisory board, what is the Minister’s view of ministerial accountability? Will there be transparency on the board’s recommendations and on being held to account for decisions? Over the past several years, Governments of all colours—Conservative, coalition and Labour—have tended to create boards, advisory panels and so forth and have felt obliged to follow the advice that they give. They almost want to derogate from their responsibility. What is the Minister’s view of the advice given by the board? Does he believe that robust ministerial responsibility should still exist, so the Minister could, or should, take decisions that are against the board’s advice? I guess I am asking what the transparency is on the board’s advice to the Minister.

[Justin Madders]

That is a perfectly reasonable question. It is dealt with in the clauses, which we are about to debate and which address the requirement for the board to set out an annual report and strategy. That will inform the Secretary of State of the direction of travel of the fair work agency. Again, this is not an unusual arrangement. If we believe, as we do on the Government Benches, that the fair work agency needs an advisory body—I cannot recall any person or organisation who submitted evidence to the Committee suggesting that that was not an appropriate idea—the logical conclusion of what the hon. Member for Bridgwater suggests is that the Bill should name every single person on it. That is not a practical way to proceed.

I suggest that a huge mountain has been made out of a small molehill. This is an established practice that has worked well and has been seen to work well, and it has support from many stakeholders. It is entirely in line with what we seek to achieve.

Question put and agreed to.

Clause 75 accordingly ordered to stand part of the Bill.

Clause 76

Labour market enforcement strategy

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

[Greg Smith]

The critical thing in what the Minister just outlined is that any information sharing must happen within the confines of our existing data protection laws. That is absolutely mission critical. Of course, everyone accepts that enforcement agencies must work with other enforcement agencies and that they need to work closely with other Government agencies at times, where there is a compelling need to do so. In that respect, our existing data protection laws will be the necessary safeguard, as well as the explicit recognition of the other agencies that might be conferred with. From that perspective, clauses 98 and 99 are relatively straightforward.

I ask that the Minister to keep a close eye on the Bill as it passes through Parliament, becomes an Act and is enforced, to check on what we commonly call mission creep and to ensure that the powers exercised under these clauses do not, for unnecessary reasons, become too commonplace. For example, some agencies may unnecessarily share a little too information, in a way that is not relevant to an enforcement activity. We can all get behind enforcement activities where proper due process is followed, but there can sometimes be mission creep, which can stretch into realms that a reasonable person would not say was acceptable.

[Mr Bedford]

Does my hon. Friend agree that the phrasing in the clause is perhaps a little too ambiguous and could lead to the mission creep he mentions? If that were to happen, it could result in abuse of power.

[Greg Smith]

My hon. Friend eloquently—probably more eloquently than me—gets across the point I was trying to make. Where the wording of legislation is open to wider interpretation, mission creep is often the unintended consequence. I have no doubt the Minister does not want to see that mission creep and wants safeguards in place. However, to my hon. Friend’s point, it would be good if the Minister explained to the Committee when he sums up—or committed to doing so on Report—what safeguards can be put in place to ensure that mission creep does not happen and that elements of information sharing not relevant to a direct, live enforcement investigation or prosecution are not allowed to be shared, as well as the impingements that that would bring on businesses across our country.