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To ask His Majesty’s Government what plans they have to retain employment rights legislation contained in retained European Union law beyond the end of 2023.
To ask His Majesty’s Government what plans they have to retain employment rights legislation contained in retained European Union law beyond the end of 2023.
My Lords, we are proud of the UK’s record on employment standards, having raised domestic standards over recent years to make them some of the highest in the world. Our high standards were never dependent on us mirroring the same rules as the EU. We are seizing the opportunities provided by Brexit to review all retained EU law and ensure that our regulations are tailored to the needs of the UK economy.
My Lords, we are proud of the UK’s record on employment standards, having raised domestic standards over recent years to make them some of the highest in the world. Our high standards were never dependent on us mirroring the same rules as the EU. We are seizing the opportunities provided by Brexit to review all retained EU law and ensure that our regulations are tailored to the needs of the UK economy.
My Lords, we are proud of the UK’s record on employment standards, having raised domestic standards over recent years to make them some of the highest in the world. Our high standards were never dependent on us mirroring the same rules as the EU. We are seizing the opportunities provided by Brexit to review all retained EU law and ensure that our regulations are tailored to the needs of the UK economy.
To ask His Majesty’s Government what plans they have to retain employment rights legislation contained in retained European Union law beyond the end of 2023.
As I have said to the noble Lord on this issue before, our workers’ rights, of which we are very proud, do not and did not depend on our membership of the EU. We have standards far in excess of those provided by the EU. Regarding the regulations the noble Lord mentions, as with all retained EU law we will look at that and see whether it is appropriate for the UK economy, and if necessary we will modernise, update or replace it.
As I have said to the noble Lord on this issue before, our workers’ rights, of which we are very proud, do not and did not depend on our membership of the EU. We have standards far in excess of those provided by the EU. Regarding the regulations the noble Lord mentions, as with all retained EU law we will look at that and see whether it is appropriate for the UK economy, and if necessary we will modernise, update or replace it.
My Lords, I am pleased that the Minister recognises the importance of employment rights to workers in Britain. But as he will remember, last week I asked, as did my noble friend Lord Watts, whether he would guarantee that no employment rights will fall off the statute books at year end. Not surprisingly, the Minister did not answer the question, which in my mind speaks volumes. Let us try again, please. Contrary to the impression given last week, at least 13 such legal protections, categorised as EU retained laws, are at risk. Let me name just one: TUPE, which protects pay and terms and conditions in the event of company takeovers. This right will be lost at the end of the year unless the Government actively save it. Again, I ask the Minister: can he guarantee that the TUPE protections will not be scrapped and are not for the chop?
We will no doubt have this debate at Second Reading of the rule legislation on Monday. If those are the comments of the director-general of the CBI, then he is wrong. Our paternity and maternity regulations are far in excess of those guaranteed by EU minimums. We are proud of that and will continue with them.
We will no doubt have this debate at Second Reading of the rule legislation on Monday. If those are the comments of the director-general of the CBI, then he is wrong. Our paternity and maternity regulations are far in excess of those guaranteed by EU minimums. We are proud of that and will continue with them.
My Lords, when this came up in Questions on 23 January, the Minister, in response to the noble Baroness, Lady Wheatcroft, said that he had not seen the comments of CBI director-general Tony Danker, reported in the FT that day. He surely now has, but I will remind him. Mr Danker said that the plan to scrap EU laws wholesale is creating huge uncertainty for UK firms and risks throwing industry into some chaos; that companies are asking whether we are really going to erode maternity and paternity regulations and health and safety standards; and that he concluded that we need to recognise that divergence will often shrink our market size and add a skipload of red tape. Will the Minister recognise that business does not want this scrapping of EU laws?
As the noble Lord said, they are all available on the dashboard for him to refer to.
As the noble Lord said, they are all available on the dashboard for him to refer to.
My Lords, when the rule Bill was introduced in the Commons in September, the Explanatory Notes said that there were 2,400 bits of
rule legislation. When the notes appeared here on 19 January, that number had risen to 3,200. I have just accessed the dashboard, and that refers to 3,745 bits; that is an increase of more than 40 bits of rule legislation a day in the last 13 days. Can the Minister tell us how many of the 1,345 bits of rule legislation added since September are about employment rights?
Noble Lords are confused: just because there is an item of retained of EU law, it does not mean it is necessarily still valid for the UK. It has been a very useful exercise to go back through the history books to find out about some of this stuff. Much of it is no longer applicable—some of it refers to sugar prices in the 1970s. My favourite bit is a regulation referring to the movement of reindeer between Denmark and Sweden. I am sure noble Lords do not believe that this is something we should retain on our statute book.
Noble Lords are confused: just because there is an item of retained of EU law, it does not mean it is necessarily still valid for the UK. It has been a very useful exercise to go back through the history books to find out about some of this stuff. Much of it is no longer applicable—some of it refers to sugar prices in the 1970s. My favourite bit is a regulation referring to the movement of reindeer between Denmark and Sweden. I am sure noble Lords do not believe that this is something we should retain on our statute book.
My Lords, when the rule Bill was introduced in the Commons in September, the Explanatory Notes said that there were 2,400 bits of
rule legislation. When the notes appeared here on 19 January, that number had risen to 3,200. I have just accessed the dashboard, and that refers to 3,745 bits; that is an increase of more than 40 bits of rule legislation a day in the last 13 days. Can the Minister tell us how many of the 1,345 bits of rule legislation added since September are about employment rights?
I say to my noble friend that we have made it clear that we have no intention of weakening workers’ rights. I know this is a common refrain from the Opposition but let me repeat: UK standards did not depend on EU law. Let me give noble Lords an example. UK workers are entitled to 5.6 weeks of annual leave, compared with the EU requirement of four weeks. We provide a year of maternity leave, with the option to convert parental leave to enable parents to share care. The EU minimum maternity leave is 14 weeks. Our standards are far in excess of those provided by the EU.
I say to my noble friend that we have made it clear that we have no intention of weakening workers’ rights. I know this is a common refrain from the Opposition but let me repeat: UK standards did not depend on EU law. Let me give noble Lords an example. UK workers are entitled to 5.6 weeks of annual leave, compared with the EU requirement of four weeks. We provide a year of maternity leave, with the option to convert parental leave to enable parents to share care. The EU minimum maternity leave is 14 weeks. Our standards are far in excess of those provided by the EU.
My Lords, does the Minister realise that many people are a bit worried that the end product might be the relaxation of some of the standards they have got used to, and that he could end this concern very easily by saying that whatever is changed, it will not worsen the protection currently in place?
Perhaps the noble Lord could write and tell me what parts of British law have worse standards than are provided by the EU, because as far as I am concerned the vast majority of our standards are in excess of those offered by the EU. We will take the opportunity of reviewing retained EU law to update and modernise it to make it fit for the UK economy.
Perhaps the noble Lord could write and tell me what parts of British law have worse standards than are provided by the EU, because as far as I am concerned the vast majority of our standards are in excess of those offered by the EU. We will take the opportunity of reviewing retained EU law to update and modernise it to make it fit for the UK economy.
The Minister is quite wrong: some protections are better than the European average, but lots more are not. The Government are very fond of rolling over trade deals; why can they not roll over the protections British workers have now, so that they will not worry about their future conditions?
We are providing certainty. The sunset date provides certainty: a target by which departments can look at their body of retained EU law and decide whether it needs replacing, retaining or updating.
We are providing certainty. The sunset date provides certainty: a target by which departments can look at their body of retained EU law and decide whether it needs replacing, retaining or updating.
Will the Minister recognise that his reply to the noble Baroness, Lady Ludford, showed that he had not read the article by the director-general of the CBI very carefully? The
main point he made, which the noble Baroness raised, was that the uncertainty created by this Bill and the inability of Ministers at the Dispatch Box to say how many measures are going to be struck down, what they are going to put in their place and when they are going to do it is damaging inward investment. Will the Minister now reply to that point?
Parliament is not being refused the opportunity to discuss these things. We will no doubt have many days of debate on the retained EU law Bill. All the regulations that are updated or changed will come back to Parliament for approval, in precisely the same way as the EU regulations were introduced in the first place—in fact, they were subject to a lesser degree of scrutiny. I would have a little more support for the position of some noble Lords if they had objected to the way this legislation was introduced into UK law in the first place.
Parliament is not being refused the opportunity to discuss these things. We will no doubt have many days of debate on the retained EU law Bill. All the regulations that are updated or changed will come back to Parliament for approval, in precisely the same way as the EU regulations were introduced in the first place—in fact, they were subject to a lesser degree of scrutiny. I would have a little more support for the position of some noble Lords if they had objected to the way this legislation was introduced into UK law in the first place.
My Lords, why are the Government intent on diminishing scrutiny in this House, as is strongly suspected by many Members? Why are Members of this House being denied the opportunity to question Ministers on these changes, and why is Parliament itself, which apparently is in the Minister’s mind, being refused the opportunity to discuss these things?
I am pleased that the noble Lord finally got round to a question. We are proud of our record on workers’ rights, particularly women’s rights. I quoted earlier the figures on the maternity leave provisions that are applicable in the UK as opposed to the EU; we want to see that happy state of affairs continue.
I am pleased that the noble Lord finally got round to a question. We are proud of our record on workers’ rights, particularly women’s rights. I quoted earlier the figures on the maternity leave provisions that are applicable in the UK as opposed to the EU; we want to see that happy state of affairs continue.
I bring to your Lordships’ attention the Part-time Workers (Prevention of Less Favourable Treatment) Regulations, which were passed in 2000. These EU regulations enabled the trade unions to win a court case on behalf of more than 100,000 part-time teaching assistants and school meal staff, 95% of whom were women, who had been denied access to the local government pension scheme. Can the noble Lord confirm that His Majesty’s Government have no intention of letting these vital regulations end on 31 December 2023?
My Lords, the Department for Business, Energy and Industrial Strategy is responsible for labour relations and works closely with trade unions. Engagement is essential for developing and delivering our policies and, during the pandemic, helped to support jobs and keep workers safe. For example, the unions and business worked together to help to deliver a package of economic support through the job protection retention scheme, which protected millions of jobs.
My Lords, the Department for Business, Energy and Industrial Strategy is responsible for labour relations and works closely with trade unions. Engagement is essential for developing and delivering our policies and, during the pandemic, helped to support jobs and keep workers safe. For example, the unions and business worked together to help to deliver a package of economic support through the job protection retention scheme, which protected millions of jobs.
To ask His Majesty’s Government what discussions they have had with trade unions concerning changes to workers’ rights proposed in the Retained EU Law (Revocation and Reform) Bill.
We engage with the trade unions regularly. There have been a number of meetings in recent weeks, particularly about strike action, but the retained EU law Bill is not about workers’ rights; it is about retained EU legislation and the consequences that will flow from that. However, there will be a full opportunity to debate that in the House in the near future.
We engage with the trade unions regularly. There have been a number of meetings in recent weeks, particularly about strike action, but the retained EU law Bill is not about workers’ rights; it is about retained EU legislation and the consequences that will flow from that. However, there will be a full opportunity to debate that in the House in the near future.
I thank my noble friend for his reply but it is not an Answer to the Question, which was whether the Government had discussed this proposed legislation with the trade union movement, 2 million of whom vote for the party on this side of the House. Does he agree that it would be a good idea to talk to the trade union movement about this? Until that has happened, would it not be a good idea for those parts of the legislation that provide for worker protection not to be revoked without further representation?
We are of course continuing to do detailed work on this matter. There will be an opportunity to debate that in full in the House in the near future, and I am sure that the noble Earl will want to make his contribution on that. We will update the dashboard shortly.
We are of course continuing to do detailed work on this matter. There will be an opportunity to debate that in full in the House in the near future, and I am sure that the noble Earl will want to make his contribution on that. We will update the dashboard shortly.
My Lords, the Explanatory Notes for the Bill when it was introduced in September last year said confidently in the overview at paragraph 16 that there were 2,400 pieces of legislation involved. The Explanatory Notes for the introduction to this House say that there are 3,200. First, I wonder whether any of the 800 bits of legislation that have turned up in the interim affect workers’ rights. Secondly, how confident is the Minister that 3,200 is the final number?
I do not have a precise number but there are of course a number of civil servants working on the legislation that is before Parliament and has been discussed extensively in the House of
Commons. Every department is engaged in looking through its EU legislation to see what is there. Obviously most of the main pieces have been identified, but sometimes there are obscure Acts and regulations that they are still discovering.
I do not have a precise number but there are of course a number of civil servants working on the legislation that is before Parliament and has been discussed extensively in the House of
Commons. Every department is engaged in looking through its EU legislation to see what is there. Obviously most of the main pieces have been identified, but sometimes there are obscure Acts and regulations that they are still discovering.
I will follow on from the question from the noble Earl, Lord Kinnoull. How many members of the Minister’s team are currently out there working on this Bill? How many of them are looking for the lost legislation that seems to be appearing every day? How many members of his department are being used for that purpose rather than working on industrial strategy, which is what it is there to do?
The noble Lord has a good line in hyperbole but, as normal, he is absolutely wrong. UK employment rights do not depend on EU law. I will give him some examples. UK workers are entitled to 5.6 weeks of annual leave; in the EU, it is only four weeks. We provide a year of maternity leave, with the option to convert it to parental leave; the EU minimum is just 14 weeks. Our labour standards are some of the highest in the world. We are proud of that, and it does not depend on what the EU does.
The noble Lord has a good line in hyperbole but, as normal, he is absolutely wrong. UK employment rights do not depend on EU law. I will give him some examples. UK workers are entitled to 5.6 weeks of annual leave; in the EU, it is only four weeks. We provide a year of maternity leave, with the option to convert it to parental leave; the EU minimum is just 14 weeks. Our labour standards are some of the highest in the world. We are proud of that, and it does not depend on what the EU does.
My Lords, unfortunately the Minister has selective amnesia, and that is very worrying. This appalling Bill places many of our precious and hard-fought-for employment rights on the chopping block to be axed at the whim of the Secretary of State and, frankly, that is shameful. The Tory manifesto promised that Brexit would allow us to raise our standards in workers’ rights and not diminish them at all. Can the Minister give a cast-iron guarantee that, come 1 January, workers will keep their rights to holiday pay, TUPE protection, parental leave and of course protection for pregnant part-time workers? In fact, will he confirm that no existing employment rights will be weakened or, worse, scrapped?
I thank my noble friend for his view on that. I am sure we will have a full debate on the proposed sunset date for regulations. I do not think the system with the Northern Ireland protocol is the same as the Bill.
I thank my noble friend for his view on that. I am sure we will have a full debate on the proposed sunset date for regulations. I do not think the system with the Northern Ireland protocol is the same as the Bill.
My Lords, we placed an arbitrary date on Brexit, and we got the Northern Ireland protocol. Did we not learn the lesson that to place an arbitrary date and say that all this must be done by the end of this year is flying in the face of common sense?
That criterion is imbedded in all choices. The whole idea of the REUL Bill is that we can have a proper look at EU retained law, change its status, see what is appropriate for the UK and what is not, and what can be removed and improved. That is the fundamental purpose of the Bill, but I am sure we are going to have all these discussions as the legislation proceeds.
That criterion is imbedded in all choices. The whole idea of the REUL Bill is that we can have a proper look at EU retained law, change its status, see what is appropriate for the UK and what is not, and what can be removed and improved. That is the fundamental purpose of the Bill, but I am sure we are going to have all these discussions as the legislation proceeds.
My Lords, does the Minister agree that, rather than the sledgehammer approach that this Bill takes, it might be more sensible if the Government simply proceeded with bits of law where they could produce better law than exists in the European Union? Could that criterion be imbedded in all the choices?
I thought I had answered the noble Lord, Lord Woodley, but let me repeat the point for the noble Lord, Lord Watts, who obviously was not listening closely. UK employment rights do not depend on the European Union. Let me give him some more examples of how our rights are better than in the EU. The right to flexible working for all employees was introduced in the UK in the early 2000s; the EU agreed such rules only recently. The UK introduced two weeks of paid paternity leave in 2003, but the EU has got around to that only recently.
I thought I had answered the noble Lord, Lord Woodley, but let me repeat the point for the noble Lord, Lord Watts, who obviously was not listening closely. UK employment rights do not depend on the European Union. Let me give him some more examples of how our rights are better than in the EU. The right to flexible working for all employees was introduced in the UK in the early 2000s; the EU agreed such rules only recently. The UK introduced two weeks of paid paternity leave in 2003, but the EU has got around to that only recently.
My Lords, why are the Government so obsessed with making workers’ rights worse than they are now? Will he answer the question asked by my
noble friend Lord Woodley? Why will he not give a guarantee that no workers’ rights will be diminished by this legislation?
I will leave the appropriate Ministers to commentate on what is happening in Defra. The noble Baroness is right that a lot of retained EU law belongs in Defra. I am sure Defra is looking very closely at what can be changed, modified or repealed as we speak.
I will leave the appropriate Ministers to commentate on what is happening in Defra. The noble Baroness is right that a lot of retained EU law belongs in Defra. I am sure Defra is looking very closely at what can be changed, modified or repealed as we speak.
My Lords, given that most of the directives and regulations within the EU retained law Bill fall within the brief of Defra, will my noble friend commit to employing more experts in this field, even on a temporary basis, who will be able to take a view as the Bill proceeds and before its implementation?