Exiting the EU and Workers’ Rights — House of Commons, 2016-11-07
Topic: Labor
Melanie Onn (Labour, Centre-left): I welcome the thrust of what the Secretary of State for Business, Energy and Industrial Strategy has said today, and I welcome the assurances given by the Prime Minister in her conference speech. I am genuinely inclined to believe that this is what the Secretary of State for Business, Energy and Industrial Strategy and the Secretary of State for Exiting the European Union honestly think will happen, given what the latter argued in an article on the ConservativeHome website after the referendum but before he got his current job: "The great British industrial working classes voted overwhelmingly for Brexit. I am not at all attracted by the idea of rewarding them by cutting their rights. This is in any event unnecessary". However, my concern is that the Government’s proposals so far simply do not measure up to their rhetoric. At the risk of echoing the salient words of my right hon. Friend the Member for Leeds Central (Hilary Benn), despite what the Secretary of State has said today about the great repeal Bill we have not been offered any more explanation about it and the Secretary of State has stopped short of offering a commitment to primary legislation to protect workers’ rights. That gives me continuing cause for concern. The great repeal Bill will not protect all existing workers’ rights. It will leave them in a much more vulnerable position According to the House of Commons Library, the Government’s great repeal Bill is likely to seek to secure in its existing form all legislation passed under the European Communities Act 1972. That includes equal rights for part-time and agency workers, the working time directive and the TUPE regulations. Those who were in the Chamber for the launch of my Workers’ Rights (Maintenance of EU Standards) Bill will remember that I am no fan of those regulations. However, maintaining workers’ rights laws in secondary legislation while removing the minimum floor that the European Union provides will put those laws in a weaker position after we leave the European Union. This is not about saying that we must remain in the European Union. This is not, as has been suggested repeatedly, about frustrating the process of leaving the European Union. This is about ensuring that the future for working people in this country is not left hanging in the balance In theory, the proposals that have been laid out would allow any future Government to repeal or reduce existing employment protections without holding a debate or even a vote in Parliament. Realistically, I do not think that any Government—not even this Government—would simply repeal wholesale parental leave or any of the other fundamental rights that we have derived from the EU. I am, however, concerned about a chipping away at workers’ rights after we have left the EU, in the name of efficiency, cutting red tape, easing the burdens on business and streamlining regulation. I know that the Secretary of State for Exiting the European Union has ruled that out, but his word only goes so far—much to his annoyance, I am sure. The fact is that the other two thirds of the team responsible for leaving the EU disagree with him In 2014, the Foreign Secretary said: "The weight of employment regulation is now back-breaking" He said it was "very disappointing" that the previous Prime Minister, the former right hon. Member for Witney, took employment rights off the table during his renegotiation. The International Trade Secretary—the man who will be negotiating our trade deals post-Brexit—thinks that it is too difficult to fire staff in this country. He has said: "It is intellectually unsustainable to believe that workplace rights should remain untouchable" When the hon. Member for Mid Dorset and North Poole (Michael Tomlinson) mentioned health and safety legislation, my immediate thought was to consider this country’s excellent record in health and safety legislation. How has that been ensured? It has been by having health and safety representatives in workplaces, as agreed under collective bargaining rules with trade unions. Despite that, the Conservative Government have introduced legislation to try to decrease the opportunity for people to have paid time off to carry out those essential roles in the workplace When several members of the Cabinet, including the Prime Minister herself, have gone on record with statements similar to those that I have quoted, there is more than legitimate cause for concern about the future of workers’ rights. The Government could protect those rights by putting such laws into the strongest form of legislation. Any future Government that wished to reduce, alter or improve employment protections would have to hold debates and votes in both Houses of Parliament, under the full scrutiny of the parliamentary process, and they would have to make their argument in public Beyond allowing workers’ fundamental rights to be weakened, as I have already mentioned, the Government’s great repeal Bill—or the great entrenchment Bill—will also in effect cut a huge number of smaller employment protections. The Transport Secretary, when he was sent out on the Sunday morning of the Conservative party conference to explain the great repeal Bill, said that "the Act gets rid of the supremacy of EU law. Decisions made by the European Court of Justice over the United Kingdom cease to apply." In practice, that means the ruling giving care workers the right to full pay for sleep-in shifts would cease to apply, as would the ruling saying that holiday pay must take account of overtime and commission payments, the provision for uncapped compensation for discrimination, the ruling that travel time is working time and the ruling protecting parents who care for their disabled child from discrimination at work. All those rulings would no longer apply There is a clear contradiction. If the Government’s great repeal Bill means that ECJ rulings will immediately cease to apply and it does nothing to protect people in such cases, a huge number of workers’ rights will be lost the day we leave the European Union. How does that square with the guarantees the Secretary of State gave the House earlier and with what the Prime Minister promised in September? The Government must address this point as soon as possible. My proposed Bill, which is currently going through this place, does exactly what I have argued for—protecting all existing workers’ rights in the strongest form of UK legislation. If the Government are serious about this issue, as they have said they are, I hope they will support my Bill when it returns to the House on Second Reading Finally, I want to address the suggestion made by the right hon. Member for Welwyn Hatfield (Grant Shapps) in The Times two weeks ago, and reiterate that it would not be a sensible way to move forward. This was mentioned earlier in the debate, but there is no harm in repetition. He suggested that a sunset clause should be attached to the Government’s great repeal Bill to impose a limit of five years on every law passed under the European Communities Act. Parliament would then have to agree to each law it wanted to retain, and any that were not secured in time would fall at the deadline. However, this House would spend five years on nothing other than passing laws that already apply in this country. I cannot speak for the people of Welwyn Hatfield, but I know my constituents sent me here to win them more jobs, bring them higher wages, and to argue for better schools and hospitals, not simply to be content with the world as it is. The idea that we should allow him and his colleagues the opportunity to ransom working people’s rights, which trade unions fought for decades to win, is as laughable as it is dangerous. I hope the Minister will assure the House that the Government will whip their Members to vote against this ridiculous proposal as and when it reaches the House.