Exiting the EU and Workers’ Rights — House of Commons, 2016-11-07
Topic: Civil Rights
Tasmina Ahmed-Sheikh (Scottish National Party, Centre-left): It is a pleasure to follow the hon. Member for Feltham and Heston (Seema Malhotra). Like her, I shall restrict most of my remarks to the subject of women, who are often disproportionately affected by the decisions that are made here. First, however, I should like to pay tribute to my hon. Friend the Member for Airdrie and Shotts (Neil Gray), who so eloquently laid out the Scottish National party’s position on Brexit and on workers’ rights. In a similar vein, I also want pay tribute to my hon. Friend the Member for Glasgow South West (Chris Stephens), who has impeccable credentials in this respect. He has been a champion of workers’ rights all his working life. We have heard mention of democracy and democratic will throughout the debate. I again want to put on record—in case anyone has forgotten—how Scotland voted in the European referendum. I remind the House that 62% voted to remain. We have heard today about the democratic will of the people of Scotland and the fact that the Scottish Government have a triple mandate to keep Scotland within the EU The subject of today’s debate is workers’ rights. In the past few decades, our membership of the EU has played a pivotal role in protecting and promoting equality and the rights of women in our country and across our continent. Thanks to EU legislation, women in the UK secured the right to equal pay for work of equal value. While there is still a long way to go in closing the gender pay gap, the protections that have emanated from our EU membership have served to push this agenda forwards. Thanks to EU laws, pregnant women and new mothers have been protected by a day-one right to unfair dismissal rights and to protection from discrimination. It was not that long ago that pregnant women could be immediately dismissed by employers, who had no responsibility whatever to re-hire mothers who had taken leave to have a baby. Now, specific rights have been enshrined in EU regulations, which provide protection for pregnant workers and new mums. Rights to paid time off to attend antenatal appointments are also now secure for pregnant women, keeping them in work The parental leave directive, as mentioned by my hon. Friend the Member for Airdrie and Shotts, has helped 8.3 million working parents—a huge number—across the UK to take up to 18 weeks’ unpaid leave to care for a child. The directive also protects workers who need to deal with family or domestic emergencies. There is, however, still some distance to travel to deliver true gender equality at work, and the EU has brought us some way to protect families who are struggling to balance paid work and care for their children Over and above those specific rules to promote equality for women, EU legislation guarantees workers’ rights in areas such as protecting our entitlement to paid holidays and ensures, most importantly, that part-time, fixed-term or agency workers get fair and equal treatment in the eyes of the law. The rules protect everyone, but women in particular reap the benefits of a fairer, more equal workplace. The rights are some of the key reasons why I and so many others voted to remain in the EU. It is also the case that many who voted to leave want to see the rights maintained. The Prime Minster clearly stated to her party conference last month: "And let me be absolutely clear: existing workers’ legal rights will continue to be guaranteed in law – and they will be guaranteed as long as I am Prime Minister." That is a welcome start, but I remain concerned that the Government’s actions are not matching that rhetoric I am particularly concerned by a written answer given last week to a question from the hon. Member for Greenwich and Woolwich (Matthew Pennycook). When asked about the Government’s plans to give domestic effect to the agency workers directive through the so-called great repeal Bill, the Minister of State, Department for Exiting the European Union, the right hon. Member for Clwyd West (Mr Jones) ominously stated: "The Bill will convert existing European Union law into domestic law, wherever practical." How does "wherever practical" fit with the cast-iron assurance given by the Prime Minister on this wider issue only weeks ago? What practical issues have the Government identified so far regarding giving domestic effect to these vital rights? Which of the protections that have been given to workers in the UK are now under threat due to these practical issues? Can the Minister set that out today Throughout today’s debate, the Conservatives have sought to portray themselves as the party of workers’ rights. Our current rights were often resisted by the UK Government during EU negotiations, such as with agency workers’ rights and limitations on working time, so I am not quite sure why they are asking us to trust them today—we certainly do not button up the back. The ever-helpful House of Commons Library’s note prepared for this debate states: "For example, having negotiated concessions in the proposal that became the Working Time Directive and then abstained from the final vote, the UK challenged the Directive’s legal basis" Those rights are now under threat again today. For example, we need clarity from the Government about the impact of Brexit on a range of specific rights and provisions for workers We are constantly, and rightly, contacted by constituents, such as mine in Ochil and South Perthshire, about what the result means for them, so I want to ask the Minister a series of questions. Will the Government seek to impose a cap on the compensation available for discrimination claims? Do Ministers intend to re-evaluate whether workers should continue to accrue holiday entitlement during a period of sickness absence or maternity leave? At present, workers cannot work in excess of 48 hours a week unless they opt out of this protection, but do the Government plan to consider removing that restriction? Following Brexit, what plans are being considered to remove or reduce worker’s TUPE rights? The Agency Workers Regulations 2010 give agency workers the same rights to basic employment and working conditions as other workers, so will the Government seek to remove or amend those regulations, which protect so many female workers It is all very well to say, as we have heard throughout the debate, that all rights will continue on day one. As the hon. Member for Foyle (Mark Durkan), who is not currently in his place, has said so often and so eloquently, the Government may well intend to highlight and copy in some of the rights from day one, but I am more interested in where "Select all", copy, delete or paste will apply. We want to know that the rights will continue. Indeed, we want to know whether the UK will continue to keep up with much or all of the good legislation that comes out of the European Union about protecting workers’ rights if and when the UK leaves the EU. The Government need to be transparent about their intentions and act to reassure workers who are watching at home right now and guarantee the rights that have served women and men in this country for so long.