Vince Cable
Main Page: Vince Cable (Liberal Democrat - Twickenham)
The Secretary of State for Business, Innovation and Skills (Vince Cable)
I beg to move, That the Bill be now read a Second time.
I recognise that we face serious competition this afternoon, but let me begin by putting the Bill in the wider economic context. Our economic strategy has two key elements, one of which is to maintain a credible fiscal policy. That policy has led to this country’s borrowing costs dipping to record lows in recent weeks. If we were without a believable deficit reduction strategy, we would have been forced to adopt one by market panic. Although fiscal credibility is necessary, it is not sufficient. A lasting recovery has to be built on the back of sustainable sources of demand and, above all, exports and stronger business investment. We are seeking to bring that about in extremely difficult international conditions, though some encouragement can be derived from the fact that 630,000 private sector jobs have been created in the past two years—almost twice the number lost in the public sector.
We also need to deal with the persistent imbalances that the previous Government did so little to address. Gross financial imbalances, a bloated banking sector and property speculation are not a basis for a sustainable recovery. A reliance on domestic demand and the neglect of exports has meant that we have been left behind in international markets. Legislation cannot, of itself, remedy those problems and generate economic activity, but the Enterprise and Regulatory Reform Bill is an important building block none the less. This far-reaching package of measures will scrap the unnecessary bureaucracy that is holding back companies, overhaul the competition framework, and boost business and consumer confidence.
Jonathan Edwards (Carmarthen East and Dinefwr) (PC)
Will the Secretary of State give the House categorical assurances that this House and the other House will not use the Bill to include the recommendations of the Beecroft review, with specific reference to sack-on-the-spot?
Vince Cable
I can give a categorical assurance. Of course, as the report has now been published, the hon. Gentleman may be aware that it contains a number of proposals, many of which are admirable, sensible, and being implemented, but on the particular proposal that he mentions, we will most definitely not be proceeding in the way that he outlines.
Joan Walley (Stoke-on-Trent North) (Lab)
I am concerned that the Secretary of State could bring forward proposals in the Beecroft report that would make this an even more scrappy Bill. Does he think it important that his Department looks to bring about growth in the context of the green economy? I do not see the background for that in this scrappy Bill that he is bringing to the House of Commons tonight.
Vince Cable
We do see that as part of our mandate; indeed, it is the first item that I will discuss in detail. Specifically to support enterprise, we propose legislating for a green investment bank—that, I think, is the issue that is of concern to the hon. Lady. We propose improving the employment tribunal system and promoting resolution of disputes—that, I think, deals with the first intervention. We propose giving shareholders of UK quoted companies binding votes on directors’ pay; promoting competition through a single competition and markets authority; strengthening powers to address anti-competitive behaviour; and encouraging innovation and investment in design by enabling copyright owners to prevent the importation of replica products.
To simplify regulation and strip away unnecessary red tape, we propose extending the primary authority scheme to more businesses, for one-stop advice; repealing unnecessary regulatory requirements on business; and providing greater powers to time-limit new regulations—that is, to apply sunset clauses to new measures.
Mr John Whittingdale (Maldon) (Con)
Does the Secretary of State accept that copyright is the legal expression of intellectual property rights, and is not a regulation? Is he aware of the widespread concern among the creative industries about clause 56, which will allow copyright to be amended by statutory instrument without full parliamentary debate? Will he assure the House that the Government will not change copyright in that way without proper parliamentary scrutiny?
Vince Cable
Yes, I can give assurances on that. We will deal with this subject later, but I totally accept the hon. Gentleman’s crucial point: intellectual property rights are a key part of a market economy. They are not “regulation” in the pejorative sense in which we normally refer to it—absolutely not; but we have to strike a balance between access to information and copyright protection. We think we are striking the right balance, and we are proceeding to implement the Hargreaves report, which has many of those ideas at its heart. On a personal level, I introduced the private Member’s Bill that strengthened criminal penalties for copyright theft, so I have a long-standing interest in upholding that legislation.
Let me deal with the first issue I mentioned—the green investment bank. The transition to a low-carbon economy is a very big challenge. Some analysis suggests that there will be demand for more than £200 billion of investment in the next decade to develop the innovative technologies and products that will underpin it. The challenge is all the greater, given the novelty of these markets and the long-term nature of returns on green infrastructure investment, which may deter private sector investors. There is a market failure here that the green investment bank will address. The bank will break new ground in the financing of projects, while demonstrating to the market that such investments can deliver commercial returns.
Vince Cable
Let me finish, and then I will take interventions.
The bank will also demonstrate the Government’s lasting commitment to important green objectives. For these reasons, I am sure the Opposition will welcome and support its objectives, as I am sure the hon. Lady will.
Luciana Berger
The Secretary of State may be aware that a number of months ago the Deputy Prime Minister committed money from the green investment bank to capitalise the initial run of loans for the green deal, which is supposed to launch in a few months, yet we heard at the end of last week that a number of companies, including British Gas and Kingfisher, are halting their plans to proceed with the non-profit-making green deal finance company because the money that they are expecting from Government has not been forthcoming. Will the Secretary of State say when they should expect those funds to come forward?
Vince Cable
I am aware that the team currently working on this, UK Green Investments, has been looking at the green deal proposal. Of course it must be commercially viable, as well as environmentally sound, and I cannot give the hon. Lady a precise answer as to when the team will have completed its analysis. I think a good deal more information is still required.
John Healey
Will the Business Secretary confirm that the green investment bank will be able to raise funds from the capital markets? In other words, will it be a bank that is able to borrow? If not, it cannot be described as a bank, and it is really just a fund.
Vince Cable
It has been described as a bank by the Financial Services Authority, which is the relevant regulatory body, and it will be able to borrow after 2015 in capital markets, subject to the overall debt position of the Government at that time. It is a bank.
Joan Walley
Is it not the case, though, that without the certainty that it will be possible for the bank to borrow on the open market, the first few years of the green investment bank will be uncertain? We will not know definitely that it will be able to borrow when the time comes.
Vince Cable
The bank will have the certainty of knowing that it has £3 billion committed to it from the Government and it is in the process of developing the projects to utilise that efficiently. I shall point out to the House some of the steps that have been taken to provide that concrete certainty about which the hon. Lady asks.
We have formed the bank as a public company, called the UK Green Investment Bank plc. It will be headquartered in Edinburgh. I have appointed Lord Smith of Kelvin as the chair and Sir Adrian Montague as the deputy chair. The bank will be funded with £3 billion to 2015, and the first £200 million of that has already been allocated by UK Green Investments. It will have borrowing powers from 2015, subject to a quite proper test of improving public finances. The Bill specifically provides for complementing this work by ensuring that the bank must have a statement of objectives clause in its articles of association.
The Bill also embeds the bank’s independence, which is crucial for its success. To achieve this, the Bill requires me as Secretary of State to lay an undertaking before Parliament not to interfere with the bank’s operational independence or commercial activities as a condition of designation. I provided this undertaking to the bank on its incorporation. This will ensure that the bank operates on commercial terms, funding these nascent and important environmental markets.
Dr Eilidh Whiteford (Banff and Buchan) (SNP)
I welcome the establishment of the green investment bank in Edinburgh. What measures are the Government putting in place to ensure that small and medium-sized businesses can benefit from the green investment bank? Will there be a procurement code, as requested by the Federation of Small Businesses?
Vince Cable
I do not think a specific procurement code is required for this institution, though of course Government procurement raises wider questions. If the hon. Lady looks at the first tranche of commitments—the £200 million—she will find that that is for a fund dealing with a substantial number of waste projects, which have small-scale enterprises as part of their supply chain. That is the way that SMEs will benefit.
Simon Hughes (Bermondsey and Old Southwark) (LD)
Will the Secretary of State confirm that not only are the Government committed to the green investment bank, which is a very good thing and has long been called for, but that there is a wider strategy in his Department, the Department of Energy and Climate Change and the Department for Communities and Local Government to make sure that we develop the green economy, producing a significant number of extra manufacturing jobs and apprenticeships and growth, and that that is a very significant part of the Government’s policy as a whole? It is not just about a bank and £3 billion being lent over a certain number of years.
Vince Cable
My right hon. Friend is right. We have the Green Economy Council, which is an over-arching body representing the key Departments in the Government to make sure that our work in this area is integrated and properly joined up.
John Healey
If the referendum on Scottish separation is successful, will the Secretary of State relocate this green investment bank from Edinburgh back to England? May I recommend that he considers Leeds and re-examines the case for locating the bank in Yorkshire?
Vince Cable
I have every confidence in the sense of the Scottish people, and I have every confidence that the bank’s headquarters will remain viable and expanding in Edinburgh.
On employment law, the Government are acutely aware of the need to do all they can to support business expansion and job creation. That is why the Bill contains provisions to reform the employment tribunal system and encourage dispute resolution through conciliation. Smaller businesses have consistently told us that the fear of ending up in a tribunal is high up their worry list and is a real disincentive to taking on staff. I have made it absolutely clear that I have no truck with the idea of a free-for-all hire-and-fire culture, and responsible British businesses do not want to go there either.
Mr David Evennett (Bexleyheath and Crayford) (Con)
I congratulate my right hon. Friend on his introductory comments on this important Bill. Government Members strongly believe in business, and we do not want to hold it back. On the other hand, we want regulation that is necessary to protect the work force, and we want to help them. We need a change in the law to help businesses grow and flourish.
Vince Cable
My hon. Friend makes the point in a fair and balanced way, and he defines exactly what we are trying to achieve.
Richard Fuller (Bedford) (Con)
I am grateful to my right hon. Friend for saying that he will have no truck with compensated no-fault dismissal, but with many businesses, through the Institute of Directors and the Federation of Small Businesses, making the case for compensated no-fault dismissal, what representations has he had on that? Why has he been so strenuous in saying that he will have no truck with it?
Vince Cable
I am happy to go back and look at the correspondence, but the Federation of Small Businesses, as well as the Engineering Employers Federation, made it absolutely clear that they did not think that was a sensible approach for business.
Julie Hilling (Bolton West) (Lab)
When the Secretary of State says that a great number of people have made representations about employment regulation curtailing business growth, does he agree that it is only 6% of employers who stated that employment regulation is an issue that concerns them?
Vince Cable
I think the hon. Lady is referring to a survey of small business that my Department did. Indeed, roughly that order of businesses ranked that as their top priority, as opposed to market demand and bank lending. Even though it may not be at the top of everybody’s concerns, for many small companies there is a legitimate fear, as my hon. Friend the Member for Bexleyheath and Crayford (Mr Evennett) pointed out, about the tribunal system and the way it functions.
Geraint Davies (Swansea West) (Lab/Co-op)
Does the Secretary of State agree that the Beecroft proposals about no-fault dismissal amount to a charter for intimidation and harassment, including sexual harassment? A boss could say to an employee, “Will you sleep with me?”, and if she said no, she could find herself sacked.
Vince Cable
That is going rather further than I would want to go with the argument or the evidence.
Kate Green (Stretford and Urmston) (Lab)
The Bill does not contain measures on some of the matters on which the Government are consulting in respect of employment law, following the red tape challenge. Does the Secretary of State intend to bring forward more proposals during the passage of the Bill—in relation, for example, to employer liability for third-party harassment, to the ability of an employment tribunal to make a decision that will then apply to all staff, or to the statutory questionnaire?
Vince Cable
I have no such proposals. There is nothing stopping the hon. Lady proposing amendments for us to consider.
Mr David Ruffley (Bury St Edmunds) (Con)
In 2004 Germany exempted micro-businesses from unfair dismissal-style protections. Has the Secretary of State looked at the German experience and noted, as I have, that youth unemployment there has halved, from just over 12% to just over 6%, in the seven years since the changes were made?
Vince Cable
As it happens, I was in Germany a few weeks ago—I unfortunately had to miss Business, Innovation and Skills questions—and one of the points clearly made by the various employers I met was that their procedure is far more cumbersome than ours, even for small companies. Indeed, small companies are required to adopt the two-tier system, a works consultation, which is very cumbersome indeed. There is no evidence that the German model, although admirable in many ways—I wish we had many of its aspects here—in any way helps to deal with this problem.
Mr Brian Binley (Northampton South) (Con)
I had hoped to see in the Bill further measures taken from the German book, particularly the exclusion of micro-businesses from many of the regulations that hamper them right at the start of their life. Is the Secretary of State willing to consider that and perhaps accept an amendment to that effect in Committee or on Report?
Vince Cable
We will obviously look at any proposals on their merits, but our current regulatory system does have a micro-business exemption and we test all our proposals against that possibility. My hon. Friend should perhaps look at the FSB’s submission, because one of the problems the small business sector often highlights is that it does not wish to be regarded as a second-rate tier of employment that is colonised by cowboy employers. It makes it very clear that it is small businesses that resist the segmentation of the labour market.
Mr Sam Gyimah (East Surrey) (Con)
Does the Secretary of State agree that the current employment tribunal system is not simple, transparent or inexpensive for employers, because for many of them dealing with an individual case or a class action-type case is incredibly expensive and long-winded, and that serves as a barrier to businesses hiring new staff? They know that if things go wrong it is very complicated, so simplifying the system and enabling them to deal with it without resorting to disputes should be the way forward in the Bill.
Vince Cable
I totally agree with my hon. Friend, who anticipates many of the things I will say. He is absolutely right that the process is very cumbersome and time-consuming. There is currently an enormous backlog of 430,000 cases and it is very costly, particularly for small companies. The whole thrust of the changes I want to introduce relates specifically to making the tribunal system much simpler and avoidable where possible.
John Healey
May I say how welcome the Secretary of State’s balanced view is, in contrast to those of some Members behind and beside him? On the question of changing the tribunal system, what increase in resources will he make available to the Advisory, Conciliation and Arbitration Service if everyone who wants to put a claim to a tribunal must first put it to ACAS?
Vince Cable
My experience is that colleagues behind and beside me have a very balanced view of this question—we have no difficulties in this area at all. We will indeed rely heavily on ACAS and it is important that it is properly resourced, so we will obviously have to look at that, but we have had no warnings that it cannot handle the processes that we propose to introduce. If the right hon. Gentleman will let me, I will try to describe what those are.
Our reforms are not about removing individual employment rights; they are designed to ensure that the tribunal system is fair to all parties and supports labour market flexibility. They are meant to improve the prospect of employers and workers sorting out problems through reconciliation—ACAS-based dispute resolution—rather than the adversarial and costly method of going to court, as my hon. Friend the Member for East Surrey (Mr Gyimah) admirably pointed out. Tribunals are a costly and stressful process for everyone involved. Giving all parties a new opportunity to resolve disputes through ACAS will maximise the chances of resolving a problem without going to a tribunal.
We want to do more to encourage parties to reach an agreed solution at an earlier stage. We will therefore introduce an additional clause in Committee to ensure that the offer of a settlement cannot be used against an employer in an unfair dismissal case. That will facilitate the use of settlement agreements, making it easier and quicker for employers and employees to come to an agreed settlement where an employment relationship is not working.
Julian Smith (Skipton and Ripon) (Con)
I welcome the decision to move forward with settlements and compensation, which is a really good move, particularly for small businesses, and thank the Secretary of State for listening to many Government Members who have put the case for more clarity for smaller businesses.
Vince Cable
I thank my hon. Friend for his positive response. The Under-Secretary of State for Business, Innovation and Skills, my hon. Friend the Member for North Norfolk (Norman Lamb), who will guide the Bill through Committee, will be able to develop that a little more, and any insights that my hon. Friend has for improving that new idea will be warmly received.
Mr Chuka Umunna (Streatham) (Lab)
Of course, if an employee and an employer have “without prejudice” discussions that involve an offer to pay off and for the employee to depart on that basis, at present that cannot be adduced at tribunal. The Secretary of State will know that a relationship of trust and confidence is essential to the existence of an employment relationship. How does he see that working if an employer’s offer to pay off has been refused by the employee who feels that there is no reason why they should leave?
Vince Cable
If the dispute is then unresolved, which is the implication of the last phrase in the hon. Gentleman’s question, it would of course remain and would have to be resolved either through conciliation or, ultimately, a tribunal, so he is referring to an unresolved dispute rather than a resolved dispute. What we are specifically proposing is that, if there is an agreement and the dispute is resolved, the matter cannot subsequently be raised in a tribunal case—[Interruption.] He shrugs his shoulders, but our understanding, having talked with business groups and trade unions, is that that would be a very helpful step, and I think that that reinforces what we have just heard.
In addition, we are streamlining the tribunal process itself, including providing for the introduction of a rapid resolution scheme, so that straightforward cases can be dealt with more quickly, and reducing the burden of resolution for users of the tribunal system and the taxpayer.
Mrs Helen Grant (Maidstone and The Weald) (Con)
Does the Secretary of State agree that the rapid resolution scheme will make it quicker, cheaper, easier and less stressful to deal with those straightforward matters not only for employers, but for employees?
Vince Cable
Yes, and I thank my hon. Friend for making that important point. It is not simply employers who have problems with the existing system; often payments are far less than the people who bring the cases expect, the process is stressful and lengthy and the current system simply cannot handle the volume of claims.
In addition, there will be a discretionary power for employment tribunals to levy a financial penalty against an employer where there has been an aggravating breach of an individual’s employment rights, which will also encourage employer compliance. Taken together, these measures will help shift the emphasis from confrontation to conciliation when resolving workplace disputes and give businesses the confidence to expand and take on new staff.
Steve Baker (Wycombe) (Con)
On the point about business confidence and taking on new staff, having worked as a freelance software engineer, one thing I see missing from part 2 is anything to resolve the difficulties and ambiguities with the status of freelancers. Will the Secretary of State use the opportunity in Committee to do something about IR35?
Vince Cable
I am tempted to engage in a long disquisition on that subject, having been involved in the debates on IR35 10 years ago. It is primarily a tax issue. As some Opposition Members will remember, the IR35 measures were introduced primarily to avoid a particular form of tax avoidance using national insurance, so if we have to do more on IR35 we will look to my colleagues in the Treasury, rather than this Bill.
Let me turn to directors’ pay. Fairness is important, and never more so than when the fiscal situation we inherited has forced upon us difficult decisions that affect everybody in society. That principle extends to executive pay, which for some years has behaved in a way that is unrelated to the rest of the economy or performance.
There is a well-established case for the regulation of directors’ remuneration, given the inherent conflict of interest when directors set their own pay. Moreover, shareholders in a number of companies have shown that they are increasingly angered by soaring pay for top executives that is unrelated to company performance. Their willingness to challenge rewards for failure is admirable, but I want this “shareholder spring” to be more than just a passing, seasonal phenomenon.
In developing our proposals, we have worked intensively with businesses and investors to create a workable package that helps shareholders to hold directors to account, while avoiding unnecessary red tape on business and unrealistic demands for investors to micro-manage pay. Responses to our consultation showed clear support for strengthened shareholder voting rights in order to improve the link between pay and long-term performance, while still allowing boards the flexibility to devise and deliver pay policy.
In the past it has been too easy for companies to ignore a significant adverse vote from their shareholders. That is why the Bill includes a provision to give shareholders binding votes on directors’ pay. We intend to introduce new clauses in Committee, when we have analysed in detail the responses to our consultation and finalised our proposals in that area.
Jonathan Edwards
What consideration has the Secretary of State given to creating remuneration bodies that include company employees? Surely such bodies would have a wider remit and far greater buy-in.
Vince Cable
That is an issue on which we have frequently exchanged views across the House, and we do indeed want to see employee consultation, but we are not mandating employee representatives on boards, which I know some people have called for, and we have made that very clear in the past.
Simon Hughes
This is one of those issues that the Government inherited. It is the scandal, left by the previous Government, of absolutely obscene pay for top executives—uncontrolled by shareholders. I therefore welcome the proposals, but will my right hon. Friend clarify that the Prime Minister and Government still take the view that in the public sector the ratio should be a maximum of 20:1, and that in the private sector, where it is not a matter for Government to determine, all shareholders will have adequate notice of any proposals, so that there is both private and public participation in the debate as well as a binding vote on the remuneration package for the executives at the top of private sector companies?
Vince Cable
There are separate developments taking place that do not require primary legislation, and they will improve the quality of information available to shareholders. The Financial Reporting Council has responsibility for that, and I do not have the powers to direct it, even if I wanted to, but the quality of information is intended to improve, and we certainly want to see a range of information made available, including the aggregates that my right hon. Friend describes, as well as simpler and clearer information. That process is taking place in parallel with this Bill.
The Bill will improve the way in which competition is promoted and policed. The UK’s support for a free and open trading system remains fundamental to our economic strategy, and the steady pressure from competitive markets ensures that businesses boost productivity and consumers benefit. Our competition regime has been well regarded, but it can be too slow, and recently there have been some worrying criticisms about how it has managed cartel offences.
The reforms that I propose are designed to improve the effectiveness and efficiency of competition enforcement, operating through a new competition and markets authority, backed by streamlined and strengthened powers. The current division of responsibility for the two phases of the markets and mergers regimes, between the Competition Commission and the Office of Fair Trading, can lead to a duplication of activity and the inefficient use of resources. Further, the time it currently takes to complete mergers, markets and anti-trust cases is often far too long, and that in turn imposes additional costs on business, including on those that pose no threat to competition.
Our reforms to the competition regime are designed to create a single, strong voice for competition and a one-stop shop for business; to create greater certainty for business, thanks to faster, clearer and, indeed, statutory time frames; to provide for more effective action to tackle anti-competitive mergers, including the discretion to suspend them; and to provide for robust action to tackle cartels, which can damage business and consumers alike, by removing, for example, the need to prove dishonesty. In addition, it will be easier for businesses to ask the new competition and markets authority to halt uncompetitive practices while investigations are ongoing. These measures go hand in hand with proposals, on which we are currently consulting, to allow businesses to take private actions to stop anti-competitive practices and to achieve redress.
Another aspect of our reforms relates to intellectual property rights, an issue that the Chair of the Culture, Media and Sport Committee, the hon. Member for Maldon (Mr Whittingdale), raised a few moments ago. The modernisation of copyright is critical to investment in the UK’s creative industries, one of our most successful export sectors. Research by Imperial college and the Intellectual Property Office shows that annual copyright investment in artistic originals in film, TV and radio, books, music and art was about $5 billion, twice the original estimate. Spending on UK design amounts to almost £33.5 billion, and there are about 350,000 people in core design occupations of all kinds.
The sale of unauthorised replicas of classic designs, such as a lamp or a piece of furniture, means that firms that depend on design can lose out, so the Bill ensures that those designs that are also artistic works and, therefore, qualify for copyright protection will be protected for 70 years from the creator’s death, instead of for the current 25 years.
The Bill also creates an order-making power that will allow the Government to make any future changes related to copyright exceptions or exceptions to rights in performances. The practical consequence of that will be to maintain the level of criminal penalties, in which as I said earlier I have a personal interest, given that my private Member’s Bill introduced the current maximum penalty level of 10 years’ imprisonment
In addition, the Government have made a number of proposals in response to the Hargreaves review of intellectual property and growth and subsequent consultation. They are needed to ensure that the copyright system is fit for purpose in the digital age. It has been decades since the intellectual property regime was overhauled, during which time the world has changed beyond recognition. It would be negligent to leave unchanged a system suited to the cassette recorder in an era of iPads and cloud-based music services.
Primary legislation will be required for three of those reforms: the introduction of a scheme to allow extended collective licensing; one to allow the use of orphan works; and, finally, a back-stop power to allow the Government to require a collecting society to implement a statutory code of conduct, should it fail to introduce or adhere to a suitable voluntary code.
The Government’s proposals on extended collective licensing and on the use of orphan works are designed to make it simpler for users to use copyright works legitimately, while protecting the interests of rights holders. At the same time, introducing codes of conduct for collecting societies will provide valuable reassurance to the thousands of small businesses and other organisations, including creators, that deal with them.
The Government are finalising their response to the consultation on those three proposals, and if we decide to proceed we will want to move swiftly. The Bill presents an opportunity to do so, and I shall announce a decision on the matter as soon as possible.
Geraint Davies
How does the strength of law on copyright compare with that on patents? I am thinking of the international duplication of a copyright, such as on a chair, as the Secretary of State said, and how the law will be enforced internationally.
Vince Cable
I do not think that there is any link between patents and copyrights in this case; they are separate systems of law. The hon. Gentleman will know that in the European Union there is already a unified approach to patents and to copyright, but we are trying to ensure that in the UK context copyright protection is properly enforced. That is the purpose of the changes before us.
Mr Whittingdale
The Secretary of State will be aware that in the Hargreaves report a number of the proposals relating to possible extensions of copyright exception are causing real concern in the creative industries. Can he provide an assurance that they will be introduced not by statutory instrument, but in proper, primary legislation?
Vince Cable
I am not going to give the hon. Gentleman a very precise answer because I will need to check on the exact legal position. I am aware of the concerns, and he is one of several people who have expressed them. I will endeavour to reply to him in writing to give him the precise answer to his question.
A further set of reforms accelerates the Government’s drive to tear up unnecessary red tape. We inherited over 20,000 separate rules and regulations affecting business in the UK. Cumulatively, this regulation stifles growth and strangles innovation, and in the past two years we have launched a concerted drive to tackle the problem. We introduced the one in, one out rule to stem the flow of regulation to business. The aim of one in, one out is not only to force regulating Departments to deregulate more but to change the Whitehall culture to encourage Departments to use regulation only as a last resort. Under the red tape challenge, 20 regulatory themes have been launched for comment on the website, involving more than 3,700 regulations. Decisions have been announced by Ministers on 1,500 of those, of which well over 50% will be scrapped or improved.
Kate Green
How will the provisions of clause 51 on repealing some of the provisions of the Equality Act 2010 in relation to the general duty and the good relations duty have any impact on business whatsoever?
Vince Cable
I was going to mention that measure at the end of my speech. We see it essentially as a bit of legislative tidying up; we are not going to argue that it has significant impacts on business. However, we can pursue the detailed implications.
The Bill introduces further measures and makes it possible to include a sunset or review clause in any new secondary legislation to ensure that legislation is fit for purpose and is regularly reviewed. It also extends business eligibility for the highly successful primary authority scheme, which allows firms to get assured advice from one local authority on a particular regulatory issue. Often what businesses find most bewildering is not the regulation itself—they recognise that rules are often necessary—but the inconsistent application of the rules so that they have to adjust their systems depending on the whim of a local official. The primary authority scheme deals with that.
Mr Gyimah
On reviewing regulations that have already been passed, one regulation that springs to mind is the agency workers directive, where, on issues such as pay, bonuses and holidays, we have gold-plated what Brussels originally introduced. In so doing, we have made what is supposed to be flexible, temporary work more like permanent work, which it should not be. Would we be able to review that legislation under the sunset clause that the Secretary of State mentioned?
Vince Cable
This would not be the context in which to do it, because it is, of course, now part of the law. We have looked at this in considerable detail because a lot of concern has been expressed about it. The UK’s implementation of the agency workers directive came about as the result of a negotiated agreement between employers and employees and their representative bodies. We explored the possibility of easing some of the burdens on business arising from the directive and came to the conclusion that in practice we could not do so. However, I hear the hon. Gentleman’s concerns, which were expressed by many companies.
Mr Gyimah
I understand that the TUC and the CBI, as European social partners, were very involved in the negotiations between employees and business, but representatives of small businesses were not, despite the fact that the impact of such legislation on small businesses can be particularly draconian. I urge the Secretary of State to consider a way of reviewing the gold-plating of such legislation, especially where it applies to small businesses.
Vince Cable
I have an open mind if the hon. Gentleman has good ideas as to how that can be done. We have committed ourselves to removing the gold-plating of European legislation as it applies to Britain, and if he has good, constructive ideas, we are happy to look at them.
Julian Smith
Has the Secretary of State given any further thought to including EU directives and legislation in the quarterly statements that are being produced by his Department? Earlier, he said in answer to a question of mine that he might consider it, and I would be interested to know whether he has done so.
Vince Cable
The Minister of State, my hon. Friend the Member for Hertford and Stortford (Mr Prisk), who has done admirable work in progressing this agenda, tells me that we are indeed planning to do that and that it will appear in that form.
Sheila Gilmore (Edinburgh East) (Lab)
Following the dialogue that has just taken place, I am left unclear whether the Secretary of State agrees that agency worker regulations are gold-plated. If he thinks that they are gold-plated, in what sense is that the case, and if he does not think so, will he make that statement clearly?
Vince Cable
As I said, that case has been strongly made to us by people in the business community. I also said that the directive’s current form in British law was the result of a consensus among the main social partners. Although the CBI has small business membership, it would not consider that area to be its primary function. If there are specific proposals on how some of the gold-plating, if that is what it is, can be alleviated in a sensible and fair way, I am always willing to look at that. I do not have a closed mind on these issues.
Sheila Gilmore
I am still left unclear about the meaning of gold-plating, which, in my view, is a phrase that is thrown around this House far too often. In what way does the Secretary of State think that there is gold-plating in this respect?
Vince Cable
What small businesses usually mean by gold-plating is that they spend a great deal of time filling in forms, ticking boxes and complying with regulatory measures that impede their business activity. If that is the case in this respect, as in others, we are happy to look at it.
Also in a deregulatory spirit, the heritage measures in the Bill implement commitments to legislation made in the Government’s response to the Penfold review of non-planning consents, which aimed to ensure that non-planning consent regimes operate in the most flexible and simplified way. The measures include bringing greater clarity on what is and what is not protected within listing buildings, and they will enable owners and local planning authorities to enter into voluntary partnership agreements to help them to manage listed buildings more effectively.
The measures that I have outlined are designed to improve the business environment and to help to restore the UK economy to health by laying the foundations for lasting recovery.
Vince Cable
I am coming to the end of my speech.
I have acknowledged that legislation by itself will not solve the economic challenges we face, but these measures will help to create a platform for sustainable recovery. I commend the Bill to the House.
Mr Umunna
No, the hon. Gentleman is wrong. As things stand, the position in law is that if a pay-off offer is made during a “without prejudice” discussion between an employee and an employer—which would take place if there was an ongoing dispute—that cannot be adduced as evidence in court. However, if a pay-off offer was made out of the blue where there was no pre-existing dispute, that could be adduced as evidence. What I discern from what is being proposed is that the Government are seeking to ensure that that situation is covered too, so that such an offer could not be adduced in evidence in court either. [Interruption.] I believe that the Minister responsible for employment relations is agreeing with my interpretation. My issue with that is that if an employee in a firm is quite happy and believes that they have done nothing wrong, but the employer does not like them for some reason, decides that they are going to get rid of them and offers them a set sum, the employee should be able to adduce that as evidence to show that the employer was intent on getting rid of them come what may. That is the point that I am seeking to make.
Further clarification will be needed. However, let me once again ask the Secretary of State—I will give way to him on this point—how many parts of the Beecroft report are going to be inserted in the Bill by way of amendment, if any. He has—I think—been clear with us today that the proposal for a no-fault dismissal measure, on which the consultation has just closed, will not feature in the Bill. How many other parts of Beecroft are likely to feature in the Bill through amendments? I am happy to give way to him if he is willing to answer that question.
Vince Cable
As far as I am aware there is none, but the hon. Gentleman will be aware that the Beecroft report covers a wide range of activities, including things such as immigration control, which clearly do not belong in this Bill. However, as far as I am aware, no other provisions are allowed for in this case.
Mr Umunna
I am slightly surprised by that answer because of the equivocation. The Secretary of State commissioned the report—it was his report—and this is his Bill, so surely he can provide us all with a categorical assurance now that no elements of Beecroft will feature in the Bill. I am happy to give way again, if he wishes to clarify that point. No? I think that people will note his failure to reply.
With regard to what is in the Bill, our amendment makes it clear that the proposals to grant the Secretary of State new powers to vary the limits for compensatory awards in unfair dismissal cases are totally unacceptable. Clause 12 proposes to give the Secretary of State the power to cap the compensatory award, which is currently capped at £72,300, at a maximum of between median earnings and three times median earnings—that is, between £26,000 and £78,000—or one year’s earnings, or whichever is the lower of the two. No advance warning of this measure was given, and there has been no consultation on it. Why? It is also hard to see the justification for the proposal when we consider that the median award for unfair dismissal came in at just over £6,000 in the past year.
The practical effect of the proposal would be that those on average or above-average earnings—middle income earners in particular—would not be properly compensated if they were treated unfairly by their employers. Let us be clear who we are talking about. This would affect accountants, architects, chartered surveyors, insurance brokers, lawyers and mechanical engineers, as well as many other public service professionals. Those people are all in occupations that attract average or above-average earnings. Lower income earners in this country have already been hit hard by the Chancellor’s Budgets since this Government came to office. It is middle income earners who stand to suffer most from this change. Of course, those earning millions every year—who have just been given a huge tax break by the Government—no doubt have plenty in the bank and will not have to worry about this, but that does not apply to the majority of earners in this country.
Mr Umunna
I will make some progress, so that the hon. Gentleman will have more time to speak later.
Principally, those proposals include: the provision of financial penalties to be paid by employers where there are aggravating features to their wrongdoing; the introduction of a public interest test to whistleblowing—which we have concerns about—to clear up the uncertainties in that area; and changes to the annual increases to the limits to statutory redundancy pay.
I will now deal as quickly as possible with the competition aspects of the Bill. Healthy, competitive markets reward the innovator, the insurgent, and the risk taker. They keep incumbents on their toes, benefiting consumers, and they create the disciplines at home that drive success abroad. That does not happen by itself, however, because markets are not always efficient. I know that that view is not shared by all Government Members. So even when policy frameworks can correct market failures, markets require active stewardship, constant vigilance against unhealthy concentrations of power—News International —and, above all, the deliberate promotion of competition through a strong, robust competition regime.
The Government said in their consultation paper on options for reform published last year:
“The Government acknowledges that it has inherited a competition regime which has been independently assessed as world class.”
In 2010, the Global Competition Review awarded the Competition Commission its highest rating of five stars, and the Office of Fair Trading was awarded four and a half stars, with both bodies appearing in the top five agencies in the world. We Labour Members are rightly proud of the legacy our Labour Government bequeathed to the current Conservative-led Administration.
In principle, we support the Bill’s proposals to improve our competition regime. There is definitely some sense in combining the OFT and the Competition Commission into one body, removing duplication and concentrating expertise in one place. However, the yardstick against which we will measure these reforms is whether they will improve on the existing regime. The OFT estimated that in ensuring a level playing field, our competition regime benefited businesses and consumers to the tune of £700 million last year. As the Financial Times has pointed out, the expected savings of £1.3 million a year from the merger could be smaller than the cost to consumers and businesses if these reforms change our competition regime for the worse.
In addition, the lack of competition is, sadly, nowhere more stark than in the small and medium-sized enterprises lending market where 85% of SME lending is concentrated in the hands of our four biggest banks. This can be contrasted with Germany, where just 14% of business loans come from its biggest banks and 60% come from its smaller local and co-operative banks, which I met when I was in Germany in February. It is a shame that the Government have shown no interest in pursuing the idea that we have been promoting for some time—of having a British investment bank to help address this issue. It is a concept that enjoys the support of the British Chambers of Commerce, among others. We are also concerned about the withdrawal of consumer competences entirely from this new body. Indeed, we have argued that the Queen’s Speech should have delivered a fair deal for consumers with a consumers Bill that would give new powers to the Financial Conduct Authority and the Competition and Markets Authority to stop rip-off surcharges by banks, low-cost airlines and pension firms.
Let me move on to part 5, which deals with the reduction of regulatory burdens. We should seek to reduce regulatory burdens where we can, but—very importantly—not by compromising the rights of employees or the health and safety of employees and customers. This is an issue not just of the quantity of regulation, but of its quality, too: regulations should be drawn up with the small guy in mind—people who do not have the resources to pay for an army of lawyers, accountants and risk managers to advise on how to ensure compliance. As I said earlier, with that in mind, when in government, we introduced the primary authority scheme so that any business operating in multiple local authorities could, to ease the regulatory burden locally, form a partnership with a single local authority to access advice and support for its regulatory responsibilities. I welcome the fact that the Government seek to extend the scope of the scheme through the Bill.
What are far less welcome in part 5 are the measures touching on the Equality and Human Rights Commission, which the Secretary of State has just referred to as “regulatory tidying-up”. This Bill seeks to amend the Equality Act 2006 by repealing the commission’s general duty to exercise its functions with a view to encouraging and supporting the development of a society in which people’s ability to achieve their potential is not limited by prejudice or discrimination, in which there is respect for and protection of each individual’s human rights and respect for the dignity and worth of each individual, in which each individual has an equal opportunity to participate in society, and in which there is mutual respect between groups based on the understanding and valuing of diversity and on shared respect for equality and human rights.
This Government have an image problem. They are seen as out of touch, and they are seen as implementing policy changes that adversely impact particularly on vulnerable and poor people. Just yesterday, the Prime Minister’s former speech writer said the Government’s latest proposals on immigration policy showed that the Conservatives were a “nasty party” that risked losing votes among ethnic minority communities. In this context, why on earth are this Conservative-led Government seeking to repeal this general duty that seeks to promote fundamental values of humanity and decency in our society? I am at a complete loss to understand why they should seek to do this when that duty enjoyed cross-party support when the Equality Act 2006 progressed through Parliament.
The Government also want to change the commission’s statutory remit, contract out its helpline, stop its grant programme and slash its budget by 60%. This is not regulatory tidying-up; it is undermining the effectiveness and independence of the organisation. If what we are seeing here is the beginning of the end of the commission—and in the light of what I have said, it is entirely reasonable to raise this as a question—for the avoidance of doubt, let me say that this party will fight tooth and nail against any such move.
Finally, I shall deal with part 6, which puts in place additional measures to deal with executive pay. In order to build a more productive and responsible capitalism, it is important to ensure that we bring an end to excessive pay and rewards for failure, which are bad for our economy and for our businesses. The Prime Minister and the Chancellor have sought to insinuate that proponents of reform in this area are being “anti-business”, but the recent wave of shareholder revolts has shown just how out of touch they are with business and investor opinion on these issues. Shareholders at Citigroup, Credit Suisse, Barclays, Mann Group, Aviva and other companies have all either been protesting or voting against remuneration packages over this last couple of months. WPP shareholders will be voting on the remuneration of that company’s senior executives later this week.
In fact, the highly respected business leader, Sir Michael Darrington, the former group managing director of Greggs plc, has founded a pressure group—“Pro-Business, Against Greed”. Its aim is to reduce the excessive and growing difference in net pay between the highest paid and the majority, which he says
“is intended to help promote a happier, healthier and fairer society as well as being better for pensioners and investors.”
We congratulate him on that initiative because change and reform must be led by people like Sir Michael, who is also a shareholder in Aviva and Trinity Mirror, with Government backing.
In government—it is a shame that the right hon. Member for Bermondsey and Old Southwark (Simon Hughes) is not in his place to hear this—we started to improve corporate governance in this area and to empower shareholders. We introduced advisory shareholder votes on remuneration reports, which are creating so many headlines at present. It is not fair to say that we did nothing about this matter in government.
Currently, there is a prohibition in statute on the remuneration of executives of quoted companies whose pay is contingent on the outcome of a shareholder resolutions. This Bill will remove that prohibition, paving the way for further reform. It will enable the Government to build on our reforms by, for example, having an annual binding vote on future remuneration policy, increasing the level of support required on votes on future remuneration policy and so forth. I was glad to hear the Secretary of State confirm that he intends to bring those reforms forward as amendments to the Bill as it passes through this House. That is welcome.
On the annual binding shareholder vote in particular, we agree with the suggestion put forward by asset managers Fidelity Worldwide Investment that a 75% majority should be required in respect of a binding vote on future remuneration policy. I would be interested to hear what the Secretary of State thinks of that, as I must say that it was with great disappointment that we read that he is likely to row back not only from that proposal, but from the one to have these votes on an annual basis. That represents quite a watering down of his initial proposals. If he would like to disabuse me of that, I would be happy to give way to him now.
Vince Cable
Current thinking—we are yet to report back to the House formally on the consultation—is that there will be annual votes if pay policy is changed by companies. The investor community made it absolutely clear that it sees that as a much more productive way of progressing its concerns.
Mr Umunna
I am glad to hear that, but I wonder where all the briefing in the Sunday newspapers yesterday, including The Sunday Times, The Sunday Telegraph and others, came from. I am sure that the Treasury had absolutely nothing whatever to do with that. We, of course, have already called for the full implementation of the High Pay Commission’s recommendations, including the proposals for employee representatives on remuneration committees, which the Government continue to refuse to implement.
On copyright, the proposals in clause 56 to amend the Copyright, Designs and Patents Act 1988, which I think the Secretary of State mentioned, are broadly drawn and, in our view, need greater clarity, not least to indicate that this power cannot be used to weaken the copyright regime.
Let me conclude. It has admittedly been something of marathon working through this Bill because it is such a hotch-potch of measures. As I have explained, there are parts of the Bill, taken separately, that we support in principle and will seek to improve in the later stages. However, other parts, particularly relating to employment, are, as drafted, simply unacceptable. Yet again, after going through all this, we find ourselves back where we started: in a big black hole when it comes to helping businesses to create enterprise, generate wealth, and grow. There is no compelling vision, no confident message about how we are to pay our way in the world, and no connected approach across Government to drive growth. That is the point that we sought to make in our amendment, which I commend to the House.