Deregulation Bill

Stephen Mosley Excerpts

Monday 3rd February 2014 Commons Chamber

[Mr Letwin]

My right hon. Friend, who obviously has an immensely distinguished record of concern for civil liberties—which he and I have both fought for in various ways over the years—is right to draw attention to the significance of clause 47. One of the things I have asked officials to look at today is the possibility of going out to a further consultation on clause 47, to see whether anyone else comes forward. In point of fact, because the draft Bill went through pre-legislative scrutiny—there was a Joint Committee of both Houses looking at it, and so on—it had a good airing. It is probable, therefore, that other people would have come forward already if they had concerns, but I do not want to take the risk. I think it would be sensible to have further consultation, to see whether we elicit any responses from others who might be concerned. If in the course of that my right hon. Friend discovers any other bodies that are concerned, or any groups of people who might or should be concerned, my door is open to him to have discussions about that.

I want to say one further thing about the background before coming to some of the other, most important clauses in the Bill. There is a strange state of affairs in our country, which is that although a great part of the regulation that governs us is either in directives and then UK legislation or in UK legislation, including statutory instruments as well as primary legislation, a great part of the regulation that de facto affects our businesses is not in any such place, but in the vast reams of statutory guidance.

These are enormous items. I certainly cannot claim to have read the totality of any major area of statutory guidance, because it would be impossible for one person to embark on such a task with any hope of success if that person was carrying out any serious set of ministerial duties. Some of those items of guidance are tens of thousands of pages long. We have therefore undertaken a massive programme of spring cleaning: for instance, we are hoping to achieve an 85% reduction in the sheer volume of health and safety guidance and legislation.

That does not, of course, necessarily equate to a reduction in the burden of the substance of the guidance. What it does is make it possible for people, for the first time, to be clear about what the wretched stuff is trying to do. My experience in dealing with this morass of over-verbose, under-specific and often extraordinarily badly phrased guidance is that the people who are responsible for enforcing it often do not really know what is in it. We are trying to reach a point at which we do know what is in it, and at that point we shall be able to judge whether it needs to be adjusted. That is another important part of our activity, which is not included in the Bill.

Let me now draw the House’s attention to a few of the most important clauses in the Bill, apart from clause 61, which I have already mentioned, clause 59, which I mentioned in response to an intervention from my right hon. Friend the Member for Wokingham (Mr Redwood), and clause 47, which we have just been discussing. I shall begin with clause 1, which the hon. Member for Hartlepool (Mr Wright) will be able to find quite easily if he opens the Bill. It is on the first page.

Under clause 1, about two thirds of the people in the country who are self-employed will no longer be covered by the Health and Safety at Work etc. Act 1974, and will therefore not have to engage in a number of activities in which they are currently required to engage because they are covered by the Act. The one third who will continue to be so covered are those who engage in high-risk activities, which will be specified and which will be precisely the activities that the House would expect to be covered, such as the activities of the nuclear, construction and chemical industries. That is a major gain in itself.

[Stephen Mosley (City of Chester) (Con)]

My right hon. Friend said that the clause would affect self-employed people. Will it also affect people who work for themselves through their own limited companies? I understand why it will not apply to those with employees, but will the owner of a company who is both a director and an employer be classified as self-employed for the purpose of the clause?

[Mr Letwin]

That is a very interesting question, which will need to be discussed in Committee. I am sure that my right hon. Friend the Deputy Leader of the House, who will be leading the charge, will give it some thought. The clause is certainly intended to cover people who do not have employees, and I do not think that the example given by my hon. Friend involves employees. The intent is there, although I do not know whether we shall be able to find a way of fulfilling it without creating a loophole.

Clause 4 provides for a much simpler apprenticeship scheme. Straightforward agreements and standards will replace a morass of regulation, and employers will be able to secure simple tax rebates as a method of payment for their part in providing the apprenticeships. That is a major advance.

Clause 5 is a good illustration of the way in which the Bill can have positive social effects. At present, disabled driving instructors are in the absurd position of having to have special cars and having to undergo special tests, even when they do not have a disability that in any way affects their capacity to deal with emergencies or other driving problems. The Bill will create a sensible regime under which people will be forced to be tested only if there is reason to suppose that such a special test is necessary.

Clause 7 is another example of plain common sense at work. It removes a crazy situation whereby if gas is being unloaded at a port, and the port is perfectly well licensed for the purpose and contains plenty of people who are licensed to carry out their task, they are not permitted to permit individuals to do the unloading unless those individuals themselves have individual licences and permits. That too is an absurd situation, which the clause removes.

Clause 9 is one of my favourites because it has taken us about two and a half years to get to this. We would have thought it was fairly straightforward. It turned out not to be. This is about knitting yarn. I do not know whether there is anybody in the House who feels passionately that knitting yarn really should be sold only in quantities of grams—perhaps the movers of the amendment feel passionately about that. I personally do not share that passion. It seems to me that if someone wants to sell knitting yarn by quantity of knitting yarn, it is a perfectly reasonable thing to do and we are going to allow them to do it.

Clause 21, by contrast, is not a matter of common sense merely. It is a matter of great concern to very large numbers of our fellow citizens who would like to exercise the right to buy—a fine policy that this Government have been sponsoring and have made much easier in many ways. This clause reduces the period of qualification from five years to three years for right to buy, thereby much enlarging the group of people who can participate.