Employment Bill [Lords]

I thank you for that guidance, Madam Deputy Speaker. With that in mind, I would now like to discuss the provisions of the Bill. The Bill was extensively debated in another place, as well as in Committee. I put on record the thanks of all hon. Members for the work that the other place did on the Bill. It was substantially reviewed by the time it came to us. However, we have some problems with aspects of it. Mention was made of how the Government have taken us back to the position before the earlier provisions came into force. Our concerns focused on clause 3, and the changes that it would make to the employment tribunal system. The new ACAS code would remove the overly legalistic system that arose, despite the Government's assertions to the contrary, from the Employment Act 2002. The ACAS code is now principle-based, but we could be in danger of elevating procedure over substance. Tribunals have the power to vary awards based on non-compliance with procedure and we think that there could be a dichotomy. If one acts in the spirit of a principle-based code, could one never fall foul of that procedure? In Committee, we asked the Minister to give us some statistics, and to discuss the various awards that the tribunals had granted, but those were not forthcoming. There is a perception among businesses that tribunals are disproportionately inclined towards the employee, and we share some of those concerns about the Bill. The second part of the Bill deals with the national minimum wage. We support the national minimum wage, and a continual monitoring of legislative provisions that deal with it. We also support action to ensure that workers who receive the minimum wage do not lose out in real terms when they are owed arrears as a result of underpayment. The previous law gave almost no deterrent to underpayment, so the change in the Bill is welcome. We had various concerns about the extension of powers of Her Majesty's Revenue and Customs, and we still have those concerns. While the proposal to allow enforcement officers to remove documents under clause 10 is accepted, we do not accept that the balance in the Bill is as good as it could have been. I urge the Minister to give maximum publicity to the changes in the implementation of the national minimum wage provisions. All employers must be given full opportunity to assess their companies and correct any failings in payment of the minimum wage before the new penalties are imposed. We had a full debate during all stages of consideration of the Bill, including this evening, on clause 19, which relates to the European Court of Human Rights judgment on the ASLEF case. Although we believe that it was appropriate for the Government to respond to the decision of the European Court of Human Rights, we continue to have genuine concerns about clause 19 as it stands. Only time will tell, but I predict that court cases will derive from the provisions with which we have ended up. The definitions of ““membership of a political party”” and of ““political party”” remain outstanding issues, which will lead to further court cases. The debates on the Bill's progress through both Houses show that the Government have been slightly inclined to burrow their head in the sand when faced with reasoned argument. Worse, they legislate for perceived threats or concerns, without hard evidence to back up the need for legislative intervention. That could not only be expensive in terms of taxpayers' money and the House's time, but has made for a weaker Bill than it should be. Although we agree with the Bill's overall aims, concerns remain about its scope and implementation. Moreover, the Government have failed, once again, to address properly the concerns of business when they are mounting by the day. As it stands, the Bill will be a fitting testament to a vacuous and empty Government, who have taken a short-term view and failed to push forward genuine change. British business has been crying out for reform to employment laws, which are making them increasingly uncompetitive, and for protection from vexatious employee claims. Surely we could have done more than simply give unions the power to expel members for their political beliefs. To that extent, the Bill is a missed opportunity.