Vince Cable
Main Page: Vince Cable (Liberal Democrat - Twickenham)(11 years, 4 months ago)
Commons ChamberRead Full debate Read Hansard Text
The Secretary of State for Business, Innovation and Skills (Vince Cable)
I beg to move an amendment, to leave out from “House” to the end of the Question and add:
“recalls its Resolution of 12 January 2012 on pub companies; recognises that a wide body of experts share the view that only a statutory code of practice and an independent adjudicator will resolve the contractual problems between the pub companies and their lessees; calls for a statutory code, which would enshrine in law both an overarching fair dealing principle and the fundamental principle that a tied licensee should be no worse off than a free-of-tie licensee; and believes that the consultation will establish how best to do this, as well as producing proposals for a strong adjudicator with the power to arbitrate disputes, investigate breaches of the code and impose sanctions, including financial penalties for the most severe breaches, as soon as is practicably possible.”
I welcome the opportunity to debate this issue, which I think many of us come to as constituency MPs. We have pubs in our constituencies, many of which have had serious difficulties with pubcos, and have faced real hardship and loss. We also recognise that this is an important industry for the economy, with 50,000 small businesses employing several hundred thousand people, many of whom are very badly paid. For many of us, pubs are an important community asset. That is the context in which we operate.
Our approach was triggered in October, when I appeared before the Select Committee on Business, Innovation and Skills. The members of the Committee raised their concerns about how the self-regulatory approach was working. As a consequence of that discussion, I immediately wrote to the industry for evidence on what was happening. Several things have clearly changed. The approach adopted last year had produced some results. The independent arbitration service, PICAS, had been set up and, as the hon. Member for Chesterfield (Toby Perkins) described, in two of the three cases referred to it, it found against the pubcos, and version 5 of the industry framework code was incorporated into contracts at the end of 2011.
It was clear, however, from the evidence—the 19 submissions—that the changes had not gone far enough. For example, very little effort had been made to notify tenants and lessees about their rights under the new system. That was an example of the lack of implementation under the voluntary code. After consultation with colleagues, therefore, I wrote yesterday to the Chair of the Select Committee to inform him that I wished to establish a statutory code and to proceed with public consultation.
Peter Luff (Mid Worcestershire) (Con)
I join the chorus of approval for the decision the Secretary of State just outlined to the House, and in the spirit of the intervention from the right hon. Member for Wentworth and Dearne (John Healey) and of my favourite proverb, “Success has many fathers, but failure is an orphan”, I would like to say that this is a victory for Parliament, for the Select Committee system and, above all, for pubs themselves.
Vince Cable
That is absolutely right. I am not sure that being tribal about this is very helpful. My hon. Friend chaired the Select Committee when it produced a succession of highly creditable reports that were subsequently built on by the work of the hon. Member for West Bromwich West (Mr Bailey) and his colleagues. Indeed, Members across the House, whether Conservative, Labour or Lib Dem Members, including my hon. Friends the Members for Leeds North West (Greg Mulholland) and for Cheltenham (Martin Horwood), and others have all played an important part.
I realise that, given that this is an Opposition day, the Opposition spokesman could not resist a bit of politics, but I would make two simple points to him. I think he entered the House in 2010, along with many of his Front-Bench team, and I get the sense sometimes that for some people 2010 is year zero, when history began. There is a tendency to forget what happened before. As he acknowledged, the Select Committee first investigated this subject in 2004, and despite his contempt for the self-regulatory approach, the last Government persisted with it for six years. They decided in February 2010, shortly before the election, that stronger action was needed, but it was too late to do anything.
I know the Opposition think that people will be swinging their Toby jugs on the basis of the speech by the hon. Member for Chesterfield, but he had the unfortunate experience, which several of us have had, of being misquoted—possibly—by the Morning Advertiser, when he told it on 13 December that he could
“not commit to a manifesto pledge…until 2015, and only if the self-regulation agreement has failed”.
So the hyperbolic tone of his speech does not reflect where he was as little as a month ago.
None the less, we are where we are. As my hon. Friend the Member for Mid Worcestershire (Peter Luff) said, great credit should be given to the parliamentary system. We all now understand the need for stronger action through a statutory code. The culture change that we all wanted did not happen, and the simple fact is that although some pub companies have behaved well—it is important to acknowledge that—in too many cases there has been exploitation and a squeezing of tenants and lessees, causing real hardship. It is worth noting that many of the small businesses involved—about half of tied tenants—are existing on incomes of £15,000 or less.
Heather Wheeler (South Derbyshire) (Con)
I congratulate the right hon. Gentleman on yesterday’s press releases and the great announcement. This is a hugely difficult topic. South Derbyshire, which is next to Burton, is enmeshed in the brewing business. Indeed, my husband worked for brewers for 40 years, so it has been a lifelong journey for us. We have seen fantastic pubs, such as the Old Talbot in Hilton, going under because of these difficulties with the tie, but I am grateful to hear that the statutory consultation will relieve pubcos with fewer than 500 pubs. Family pub companies work this very well. It is a model that ought to work; it is the extremes that need to be dealt with. Perhaps that can be tweaked in the consultation.
Vince Cable
Yes, that is an extremely good, balanced statement of the factors we have to take into account here. The hon. Lady is right that we propose to deal with the larger pub companies—those with more than 500 pubs. We will be consulting on that, but that is the approach we intend to adopt.
Greg Mulholland
I congratulate my right hon. Friend warmly on this wonderful announcement for Britain’s pubs. I urge him to emphasise, however, that there are many small pub companies doing well, taking on pubs, employing people and expanding, which shows that the problem is not with the pubs or companies, but with the giant lease pub companies that have abused both the model and their position.
Vince Cable
Yes, my hon. Friend is absolutely right. I shall say more about this later, but the microbreweries and innovative breweries are a major growth industry, expanding well and offering a more varied service. They are a great success story and we do not want to do anything with this new approach that will undermine them.
John Healey
I welcome the Secretary of State’s commitment to a statutory code of practice, but would he also accept that the viability of hundreds of pubs is damaged by high and escalating beer duty? Will he ensure, in his Department’s budget submission, that BIS Ministers also argue for an end to high beer tax and inflation-busting increases and for an end to the system that favours foreign-produced wine over British-brewed beer?
Vince Cable
The right hon. Gentleman is right that, as the Opposition spokesman acknowledged, a variety of factors have hit the pub industry, besides the structure of ownership. I do not know whether the right hon. Gentleman was a Treasury Minister in 2008 when the beer duty escalator was introduced.
Vince Cable
The right hon. Gentleman shakes his head. Nevertheless, many of us in the House voted for those beer duty increases, so I cannot disown them at this stage. They are an important source of revenue, as his Government, as well as ours, realised.
Sir Gerald Howarth (Aldershot) (Con)
I cannot confess to being a great beer drinker, although I supported the Shoulder of Mutton in Assington, Suffolk, where I spent Christmas with my daughter—so I did my bit for the economy to make up for the hon. Member for Chesterfield (Toby Perkins), who clearly has not done his bit to support the industry. In response to the right hon. Member for Wentworth and Dearne (John Healey), I would like to say that the escalator was introduced by the last Government. This Government are continuing it, however, and it is unquestionably doing serious damage to something that everyone in the House really values in our communities, whether rural or urban. Fuller, Smith and Turner, a fantastic family-owned business, tells me that, out of a turnover of £304 million a year, £114 million —37%—goes in tax of one form or another. Will my right hon. Friend address that matter with the Chancellor?
Madam Deputy Speaker (Dawn Primarolo)
Order. This is a very short debate and many Members wish to speak, but some of them are repeatedly intervening on the Secretary of State. It would be good if, first, interventions could be short, and secondly, those wishing to speak could be a little more disciplined, given that there is already a five-minute time limit on Back-Bench speeches. At this rate, that is going to go down.
Vince Cable
I am afraid that I cannot offer the hon. Gentleman the assurances he wants on beer duty. I supported the Government’s approach to the taxation. On his drinking habits, I will only say that, like several of us, I am still haunted by having signed the temperance pledge aged 11.
John McDonnell (Hayes and Harlington) (Lab)
I apologise to the Secretary of State, because I will have to leave for another debate soon. There is a sense of urgency in my constituency about his matter, however, so will he give an indication of the time scale for the introduction of a statutory code?
Vince Cable
We want to get on with this as quickly as possible. We have to launch a consultation, receive the results and then act on them, hopefully over the spring. That is the time horizon we are looking at.
Andrew Griffiths
I am mindful of your remarks, Madam Deputy Speaker, but I want to ask a simple question. The press release says that this will apply to companies with more than 500 tied pubs. There are 52,000 pubs in the country and hundreds of companies, brewers and businesses that own pubs. Out of all of those, to the nearest two, will the Secretary of State tell me how many companies this legislation will affect?
Jeremy Corbyn (Islington North) (Lab)
Basically, the problem in London—certainly inner London—is property values. Many pubs close because pub companies and others make a great deal of money out of selling them and moving on into residential accommodation. My borough council is trying to introduce a planning policy that does not allow an automatic change of use. Is there anything the Secretary of State can do to preserve what are very important community assets from property speculation, beyond what is already happening to the pub industry through this lack of regulation?
Vince Cable
As I understand it, there is in any event a specialist use class under the planning regime, which, as it currently stands, provides a degree of protection. We have a programme, which one of my ministerial colleagues introduced a month ago, for supporting community pubs; I do not know whether the hon. Gentleman’s local council and community are taking advantage of that.
Toby Perkins
Further to the question that the hon. Member for Burton (Andrew Griffiths) asked, can the Secretary of State clarify whether he is talking purely about pubcos with more than 500 pubs or about pub-owning companies with 500 pubs?
Vince Cable
I have just checked the numbers: it was not two, but six companies that are likely to be affected under the current proposal.
Let me go back over some of the salient facts that led us to this position.
Toby Perkins
With respect, the Secretary of State did not get the opportunity to answer my question. Are we talking about pubcos or pub-owning companies?
Vince Cable
I think we are talking essentially about the latter—although most of the abuses have happened in the relatively small number of pubcos that happen to have a particular business model—but as I have said, we will define the precise range of companies that will be covered in the consultation.
There has been a contraction of the industry, as the hon. Gentleman acknowledged, from 70,000 pubs in 1980 to 50,000 today. The financial crisis brought into stark relief the slow process of sectoral decline. At present, 18 pubs are closing every week—that is, 18 net; some are opening. Various factors have aggravated the problems of the industry—we have discussed one or two already. The beer duty escalator is one and the outlawing of smoking is another. Many of us supported that measure on public health grounds; none the less, it drove away a certain amount of the clientele. Having voted for those things, I would not criticise them, but we all have to acknowledge that the problems of the pub industry are multiple, and the structure of the industry, which is what we are concerned with in this debate, is only one of those factors.
However, it is undoubtedly the case that the activities of the pubcos, with their highly leveraged business model, have intensified the crisis. These companies were established in the 1990s and started to attract comment and criticism a decade ago. Like an awful lot of other business models that were constructed in the long, artificial, debt-based boom, there did not appear to be a great many problems at the time. With the banking collapse and subsequent recession, the weakness of companies with high debt-to-equity ratios has been rather brutally exposed. What we have seen in recent years is the pubcos trying to retrieve their financial position at the expense of their tenants. We are all familiar with well managed, popular pubs in our constituencies being driven to the wall by, frankly, exploitative financial practices.
Mr Gerry Sutcliffe (Bradford South) (Lab)
Enterprise Inns announced over Christmas that it would go from 6,000 pubs to 5,200 over the next three years. It will be important to get the code of practice in place quickly, because some of those will be the tied pubs.
Vince Cable
They will, and the terms of sale under which that pubco, along with others, is disposing of those pubs is another important element in the protection that we now propose to offer.
The pattern of behaviour we see in this area—where there is a serious imbalance between the contracting parties in the business relationship—is not unique to the pub industry. We see something similar with the banks and small business, as has been exposed by the derivatives scandal, and in the relationship between supermarkets and the farmers who supply them. In both cases, Parliament and Government have accepted the need to act to protect the weaker parties. That is precisely the position we have now reached with the pubcos. We took the view in 2011 that they should be put on probation, with a strengthened voluntary code. We gave them every chance, but we concluded that there was not enough progress. We therefore decided to establish, subject to consultation, the statutory code and an independent adjudicator, as I have described. I am disappointed—the Labour party probably is too—that a long period of trying to get a voluntary process has not worked sufficiently. I stress that we are not starting from the standpoint of a competitive market; rather, we are often talking about relationships that are almost feudal in character. We want to introduce a relationship that is genuinely market based, where there is genuine competition and a genuine choice for people entering the industry.
Let me describe more specifically how we envisage the code operating. It will draw on the existing framework code—we are currently on version 5 and there is a discussion about version 6—but be strengthened to include an overarching “fair dealing” provision and the fundamental principle that a tied tenant should be no worse off than a free-of-tie tenant. I recognise that those concepts, especially the first, will need legal clarification.
Mr Chuka Umunna (Streatham) (Lab)
Can the Secretary of State explain why the Government have taken the view that the new code will not contain the requirement for there to be a free-of-tie option, as opposed to the formulation he has just expanded on?
Vince Cable
We have not come to a final view on that. That is something the consultation process can elicit. As I will set out, and as I think the hon. Gentleman’s spokesman said too, there is no fundamental problem with the tie—there are other ways of dealing with rental exploitation, for example. The question whether to give that offer and build it into the code is a perfectly good question—there are strong arguments on both sides—and I want the consultation to help us to come to a conclusion on it.
The position I have set out will be particularly significant for rent, because the consultation will propose that the guidance issued by the Royal Institution of Chartered Surveyors must be interpreted in the light of the principle I have described. The code will also need to be strengthened on areas such as gaming machines, but that is something else we can explore in the consultation.
Andrew Bingham (High Peak) (Con)
I welcome yesterday’s announcement, but will the Secretary of State concede that there are other issues where the relationship between the pubco and the tenant is biased one way? They include, for instance, portable appliance testing—or PAT testing—of electrical equipment in pubs and insurance, all of which are forced through by the pubco at above the market rate. I am concerned that the pubcos might inflate those things to cope with cuts in other areas of their income.
Vince Cable
The hon. Gentleman is right. One of the problems that has occurred in the past is that any concession on beer prices would be offset by rent or vice versa. He is right that areas such as insurance are important elements of the package, and they would certainly be covered by the adjudicator.
The proposed adjudicator will be based on the model of the groceries code adjudicator, which was approved by the House recently. I propose that the adjudicator will have the following powers and functions: to arbitrate disputes between large pub companies and their licensees; to carry out investigations based on complaints received; to have wide-ranging powers to require information from pubcos during an investigation and, when an investigation finds that a pub company has breached the code, to impose sanctions on it, including financial penalties in the case of severe breaches; to publish guidance on when and how investigations will proceed and how the enforcement powers can be used; to advise pub companies and licensees on the code; and to recommend changes to the code. The consultation will propose that the new adjudicator, like the groceries code adjudicator, be funded by an industry levy—in this case on the pubcos—with those who breach the code paying a proportionately higher levy. In order to place the most proportionate burden on business, my current thinking is that the new regulatory regime should apply to all pub companies with a tied estate of more than 500 tied pubs. As I have indicated to the House, we are currently talking about six operations.
Ian Lucas (Wrexham) (Lab)
Just to be clear, will the funding come from a levy only on the pub companies to which the code applies?
Vince Cable
Yes, that is the intention. Our approach would target the companies with the greatest buying power and exempt smaller companies, about which very few complaints have been received. This, too, is a matter we want to pursue in the consultation.
One issue that I would like to clarify relates to the beer tie. Some campaigners, and the motion under debate today, suggest that in order to be effective, we must mandate that all pub companies must offer a free-of-tie option with open market rent review. As I have just indicated to my opposite number, we have an open mind on that matter and will be happy to look at it during the consultation.
Toby Perkins
The Secretary of State must recognise that the fact that the original press release ruled out the free-of-tie option will cause some to believe that he is not approaching this matter with an entirely open mind. Will he explain how that happened?
Vince Cable
All I can say is that the final version, which I approved and sent out, is the correct statement of where my colleagues and I stand on this.
The evidence suggests that the tie, in itself, is not the issue. It is a valid business model that is used responsibly by companies large and small. It is clear, however, that in some cases the tie is being abused, just as many other business practices can be abused, and it is that abuse that we need to tackle, rather than the tie itself.
There are good grounds for believing that the tie, as such, is not the problem. First, the number of pubs has been declining steadily. The Beer Orders in 1989 and the pubco consolidation in the 1990s resulted in relatively little change in the rate of decline. Secondly, the figures from the past three years, 2008 to 2011, show that the closure rate was lower in tied pubs than in free-of-tie pubs. That is the case regardless of whether we look at the gross or net closure rate, the latter of which takes into account churn by pubcos. Thirdly, the tie does not harm consumer choice. In fact, it sustains and supports the British brewing industry, a successful export industry that has more than doubled since the year 2000.
Martin Horwood
I echo what my right hon. Friend is saying about the tie. It has been a valuable source of investment for some pubs in my constituency, including the Royal at Charlton Kings and the Tivoli. The problem is in the power relationship between local landlords and the big pubcos. The “no worse off” principle is an interesting point of debate, but I would still advocate the free-of-tie option, and I strongly welcome my right hon. Friend’s openness to considering that option during the consultation.
Vince Cable
My colleague is absolutely right to say that this is about power relationships and how we can prevent them from spilling over into abuse. As I have said, I have an open mind about the precise legal mechanisms that we shall use.
Greg Mulholland
Will my right hon. Friend look again at the Save the Pub document, which shows that the figures on pub closures are extremely misleading? He must recognise that they were paid for by the pubcos’ association, the British Beer and Pub Association. Many pubs have been reclassified on closure as being free of tie, having in some cases never operated as such. The figures clearly show that there are more free-of-tie pubs now than there were, and that tied business failure is huge—
Madam Deputy Speaker (Dawn Primarolo)
Order. We must have brief interventions. Time is ticking on.
Vince Cable
I would not want to cross swords with my colleague on the statistics, which he knows extremely well. He makes a compelling point.
Returning to the issue of the success of the industry, and particularly the small companies, the Office of Fair Trading found in 2010 that the market share of microbrewers had increased between 2004 and 2008, and that the volume of sales had grown by something in the order of 50% in that period. We found out recently that the number of breweries in Britain had topped 1,000, which is the highest level since the 1930s. Furthermore, as well as the tie being essential to family brewers such as Charles Wells or Fuller’s, the OFT also found that large pub companies that owned tied pubs also bought a considerable volume from microbrewers and regional brewers. Accordingly, the Government’s proposals are designed to address abuses of the tie, through enshrining in the code the principle that a tied tenant should be no worse off than a free-of-tie tenant, while not impinging on the business practices of companies that are using the tie responsibly, as many do.
This is an industry in which many companies behave well, in which seven out of 10 licensees would sign up again with their pub company and in which there are real examples of pub companies, brewers and tenants working together to invest for the future. Unfortunately, parts of the industry have acted irresponsibly in squeezing their tenants, resulting in considerable personal, as well as economic, hardship for those who lose out.
That is why the Government are now going to consult on the strong, decisive step of introducing a strengthened statutory code that will address the balance of risk and reward, as well as an independent adjudicator who can investigate on behalf of tenants and impose sanctions on pub companies that persistently breach the code. As I said to the hon. Member for Hayes and Harlington (John McDonnell), I intend to publish the consultation soon. We hope that it will be completed in the spring and that it will be strongly welcomed by the House, as well as more widely by all those who work in, use or benefit from the pub industry.