John Bercow
Main Page: John Bercow (Speaker - Buckingham)Department Debates - View all John Bercow's debates with the HM Treasury
(10 years, 3 months ago)
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Mr Speaker
I must inform the House that I have selected the amendment In the name of the Prime Minister.
Toby Perkins
I certainly do share my hon. Friend’s disappointment. My sense is that there is a lot of sympathy on this issue across the House and I want to bring people together rather than tear us apart. It is fair to say that a year ago the Government did a U-turn. I was not disappointed with that at all; I was delighted. They told the House that they were going to get on with the consultation. Many people were celebrating, and they went out drinking in the pubco pubs around the country that night. A few months later the consultation started and it finished about six months ago, yet despite the overwhelming response in favour of what we are proposing today and what the Government seemed minded to consider, we still have not actually had any action. We have not changed the situation on the ground for hard-pressed publicans and all those people who have seen their life-savings disappear and who want to know that the regime is going to improve for the people who follow them.
As I was saying, we can bemoan the situation, we can join the campaigns, or we can act. We can take court action on the cause of the closures. We have within our grasp today the opportunity to prove that actions speak louder than words and stand united across the House on behalf of our communities, but also on behalf of the hundreds who are looking to us to act. In just four days since Friday, 26,762 people have signed the 38 Degrees petition on the great British pub scandal.
CAMRA is an immensely important and well-respected body. It has the best interests of the pub in its heart and in its DNA; that is its raison d’être. It boasts a membership of almost 160,000, a staggering demonstration of the importance of real ale and pubs to people across our country. If I was seeking to make a political point, I might have mischievously pointed out that, with almost 160,000 members, CAMRA is bigger than the recently reported membership of the Conservative and Liberal Democrats parties combined, but as I said I wanted to be consensual, I am not going to mention that.
We all know that a fairer relationship between pub companies and their landlords is not a panacea that will end all the challenges faced by the trade. There are others and there will continue to be asks of us in Parliament even if we take action on this scandal today, but the fact that we cannot solve every problem does not mean we should not solve this major one. From the Federation of Small Businesses to the GMB, from CAMRA to the Forum of Private Business, from Fair Pint and the all-party save the pub group to Unite the Union, a diverse coalition of interests has consistently called for a new statutory code of regulation.
Let no one say that this House or the Business, Innovation and Skills Committee have rushed to judgment. Over four reports and eight exhaustive years, the Committee gave the major pub-owning companies every opportunity to make the changes that were needed to put their house in order, yet at every turn it found that the industry moved at a glacial pace, and always reluctantly, and only because of the scrutiny of the Committee.
Although I want to pay tribute to everyone involved in the work of the Select Committee and to say that I think the work done on pubco is a shining example of the Select Committee system at its best, it should not have to be the role of a Committee not only to investigate an issue but to be the body that constantly has to chase to see whether the assurances made to it have been kept. Following the final 2011 Select Committee report, there was widespread disappointment when the right hon. Member for Sutton and Cheam (Paul Burstow) came to the House to defend opting for a self-regulatory regime. In January 2012 this House felt it had seen enough. We believed that voluntary regulation had failed and we voted unanimously for a statutory code, a vote that was ignored by the Government. Frankly, at every stage it has felt as though the Opposition and the Select Committee, ably supported by Members across the House, have had to make the running.
During oral questions to the Secretary of State for Business, Innovation and Skills in November 2012, there were three Labour pubco questions and it was suddenly announced that there would be an investigation into the success of self-regulation. A day before the Opposition day debate in 2013, the Government finally announced that they would consult on introducing a code to deliver a fairer balance between pub companies and their tenants. The response to the consultation was overwhelming: over 7,000 people responded, 96% were in favour of regulation, 67% were in favour of a mandatory free-of-tie option, 92% were in favour of open market rent assessment, and there was widespread support for a stronger independent adjudicator.
The strength of feeling was overwhelming, with 91% of respondents who ran a pub saying that the beer tie was one of the three biggest challenges facing their business, and more than nine in 10 saying they would take a free-of-tie option even if it meant paying a higher rent. It is therefore a little odd for the Government to say, as they do in their amendment, that they want to take more time to learn from the consultation. They chose the questions to ask and they got a big response. On almost all the big questions, the level of support was so overwhelming that even Robert Mugabe would have thought it was a bit one-sided, yet the Government then commissioned a report from London Economics, which critics felt was deeply flawed, apparently to try to persuade themselves against the view they appeared to have taken before their consultation. Nothing could more clearly demonstrate the failure of the big pub companies than the desire to leave them on the part of the very people they consider to be their business partners. But for all the warm words expended on the Floor of this House and elsewhere, still nothing has changed in legal terms, and every week 26 pubs close.
If the Government do not introduce a Bill on this issue in the Queen’s Speech, it is impossible to imagine that there will be sufficient parliamentary time to pass one in this Parliament. As my right hon. Friend the Member for Doncaster North (Edward Miliband) said on Sunday’s “The Andrew Marr Show”, if this Government fail the challenge set them today, everyone who feels strongly about this issue will know that, for all the rhetoric, only voting for a Labour Government will bring about the fairness that so many people so desperately want. Hon. Members will today have an opportunity to choose whether to be part of the solution or, I am sad to say, part of the problem.
There is no doubt that the existence of large pub companies, which own the vast majority of British pubs and often force their licensees to buy beer only from them, are distorting the market. As we consider their devastating impact, let us remember that 57% of Britain’s pubco publicans, people who often work among the longest hours of anyone in our communities, earn less than £10,000. The Federation of Small Businesses, brilliant advocates but hardly Marxist radicals, found in 2013 that a mandatory rent-only option would generate £78 million for the UK economy, that 98% of respondents would have more confidence in the success of their pubs and that almost 10,000 would take on extra staff or give their staff extra hours of work. Hon. Members will know that the FSB does not propose additional regulation lightly.
My own Chesterfield pubs survey mirrored many of those encouraging statistics, but also sounded a deadly warning about the cost of inaction, with many pubs saying that they were on the brink of closure and that increased rents and beer prices were key issues. This morning, the British Beer & Pub Association claimed that tied tenants’ pubs were cheaper, but that is far removed from the reality that people see in their community. At The Nags Head in Dunston in Chesterfield, I dealt with a Marston’s tenant who was competing with Marston’s managed houses just across the road that were selling the same product at up to £1 a pint less. The big pub companies and the BBPA will tell us, “Yes, there is the odd problem, but it is not typical.” They say, “You can’t offer general criticisms. We need to know about specific cases.” However, when we bring them specific cases they say, “Well, that’s just a one-off.” It seems that no evidence is good enough for them to recognise the reality of what people are seeing in their pubs. The BBPA and the pub companies are saying, “Mainly it’s just people who have failed in their businesses wanting to blame someone else.” I do not think that stands up to any sensible scrutiny.
Many businesses and industries have undergone tough times, particularly in the past five years or so, but they have not all universally claimed that they have been misled by their suppliers. Corner shops have closed, but MPs are not besieged by former Londis or Spar shopkeepers claiming they have been ripped off by Londis or Spar. People in business generally know the difference between tough market conditions and plainly misleading practices.
On that note, the BIS consultation last year was sobering reading for anyone who thought that the threat of regulation would cause the industry leopards to change their spots. It told of a married couple who produced a careful budget plan before signing a lease, only to find on the day they received the keys that their pub company increased the prices, meaning the couple can only afford to pay themselves one salary. We also heard about the couple who ploughed—
Mr Speaker
Order. May I say gently to the hon. Gentleman, to whose speech I am listening with close attention and great interest, that I know he will want to take into account the fact that several hon. Members on both sides of the House also wish to take part?
Toby Perkins
That has been preoccupying me for several minutes, Mr Speaker. None the less, I would not like the couple who ploughed their life savings into acquiring a pub only to find the agreed credit order with their pubco was unilaterally withdrawn, leaving the business in ruins, to be left out of my contribution. I am glad that they found their way in.
Our motion calls for three key steps to be taken that will ultimately lead to a better future for Britain’s boozers. First, we need a mandatorv free-of-tie option. The beer tie, whereby landlords can buy products only from their pubco, works for some licensees, but for many others it means that they can buy only limited products at inflated prices. We want every landlord to have the choice of whether to go free of tie. The hon. Member for East Dunbartonshire (Jo Swinson), whom we all miss terribly, although she will be back with us soon, has previously said that she is
“committed to stamping out abuse of the beer tie”.
Clearly, there is only one way to do that.
The Government have previously committed to the principle that no landlord should be worse off than they would be in an otherwise free-of-tie pub, but the behaviour of the pub companies suggests to me that that will not happen without allowing the market to decide. Members who are worrying that such a measure would go against their free market principles should have no fear. What the pubcos are defending is an old- fashioned closed shop, whereas what we are proposing is a genuinely competitive market solution that stands up for the rights of the small entrepreneur.
Secondly, we need independent rent reviews. When a new licensee takes over a pub, or when an existing rent contract expires and is renegotiated, there should be a fully transparent and independent rent review, completed by a qualified surveyor. That would deal with so many of the horror stories that we have heard in this debate and previously.
Finally, there must be a truly independent body to monitor the regulations and adjudicate in disputes between licensees and pubcos. There is little confidence in how PICAS, the Pubs Independent Conciliation and Arbitration Service, or PIRRS, the Pubs Independent Rent Review Scheme, are operating, with many of the people going through the PICAS process unhappy with the outcome.
Those are our tests, which are grounded in the principles of building a market that works, with rules to prevent restrictive practices and big companies unfairly using their size in an uncompetitive way. I know that Members across the House share this vision, so let us unite today behind this vital British industry and this vital British institution, and deliver the change that publicans, licensees, business groups, trade unionists, beer enthusiasts and the great British public are crying out for. I commend the motion to the House.