Moved by

Lord Sharpe of Epsom

271ZB: Clause 94, page 112, line 13, at end insert “under Schedule 7, Part 1, paragraphs 1-12, 22 to 34 inclusive”

Member’s explanatory statement

This amendment seeks to ensure that any ‘fishing expedition’ actions of enforcement officers enabled by subclause (a) are limited to the most serious breaches,...

Moved by

Lord Sharpe of Epsom

271ZB: Clause 94, page 112, line 13, at end insert “under Schedule 7, Part 1, paragraphs 1-12, 22 to 34 inclusive”

Member’s explanatory statement

This amendment seeks to ensure that any ‘fishing expedition’ actions of enforcement officers enabled by subclause (a) are limited to the most serious breaches,...

My Lords, in moving Amendment 271ZB I will speak also to Amendments 271ZBA, 271ZD and 273LA in my name. Amendment 271ZB ensures that the powers being granted to enforcement officers under this part of the Bill are used proportionately and only in response to the most serious breaches of labour...

My Lords, in moving Amendment 271ZB I will speak also to Amendments 271ZBA, 271ZD and 273LA in my name. Amendment 271ZB ensures that the powers being granted to enforcement officers under this part of the Bill are used proportionately and only in response to the most serious breaches of labour...

My Lords, I support the amendments in the name of my noble friend Lord Sharpe. I declare an interest as a director of a very small business—a think tank.

As an employer, the idea that we have no warrant or judicial oversight of an enforcement officer’s intrusive visit to a business...

My Lords, I support the amendments in the name of my noble friend Lord Sharpe. I declare an interest as a director of a very small business—a think tank.

As an employer, the idea that we have no warrant or judicial oversight of an enforcement officer’s intrusive visit to a business...

My Lords, I thank the noble Lord, Lord Sharpe of Epsom, for tabling amendments relating to the fair work agency’s powers. Clause 94 introduces a single power to enter business premises and inspect workplaces. The noble Lord’s Amendment 271ZB would limit this power to such an extent that effective enforcement...

My Lords, I thank the noble Lord, Lord Sharpe of Epsom, for tabling amendments relating to the fair work agency’s powers. Clause 94 introduces a single power to enter business premises and inspect workplaces. The noble Lord’s Amendment 271ZB would limit this power to such an extent that effective enforcement...

My Lords, I think the Minister explained that the reasons against requiring a warrant to be issued by a magistrate included the fact that an employer might destroy documents that were the purpose of the need to enter the premises. In those circumstances, why could the clause not say that,...

My Lords, I think the Minister explained that the reasons against requiring a warrant to be issued by a magistrate included the fact that an employer might destroy documents that were the purpose of the need to enter the premises. In those circumstances, why could the clause not say that,...

The noble Lord raises an interesting point, though I fear straying into legal territory, which I am not adequately briefed to comment on. I will write to him with further detail on the specific example he set out.

4.45 pm

The noble Lord raises an interesting point, though I fear straying into legal territory, which I am not adequately briefed to comment on. I will write to him with further detail on the specific example he set out.

4.45 pm

My Lords, I am very grateful to the noble Lord, Lord Carter of Haslemere, for his intervention, because I was about to raise a similar point. It has been a long time since, as a policeman, I applied for a warrant, but we did not routinely notify the intended recipient...

My Lords, I am very grateful to the noble Lord, Lord Carter of Haslemere, for his intervention, because I was about to raise a similar point. It has been a long time since, as a policeman, I applied for a warrant, but we did not routinely notify the intended recipient...

Does my noble friend agree that, in addition to the problems he has raised, there is a very great danger of vexatious claims being made without evidence, and of disproportionate actions and intrusions taking place as a result?

Does my noble friend agree that, in addition to the problems he has raised, there is a very great danger of vexatious claims being made without evidence, and of disproportionate actions and intrusions taking place as a result?

I absolutely agree with my noble friend; that is one of the reasons that we are seeking more clarity in the Bill. As I said, without transparency, accountability and a clear definition of what the powers will be—they are unarguably vague —all those concerns remain. It is disappointing that the...

I absolutely agree with my noble friend; that is one of the reasons that we are seeking more clarity in the Bill. As I said, without transparency, accountability and a clear definition of what the powers will be—they are unarguably vague —all those concerns remain. It is disappointing that the...

I will speak to the significant number of amendments in this group in my name. This is quite an interesting cornucopia of amendments, a number of which are, in essence, probing amendments. The very nature of the work we are undertaking is to look at the minutiae of the Bill...

I will speak to the significant number of amendments in this group in my name. This is quite an interesting cornucopia of amendments, a number of which are, in essence, probing amendments. The very nature of the work we are undertaking is to look at the minutiae of the Bill...

My Lords, I am sorry to interrupt. I am trying to follow the noble Lord’s arguments, but I think Amendment 273 is in a different group.

My Lords, I am sorry to interrupt. I am trying to follow the noble Lord’s arguments, but I think Amendment 273 is in a different group.

I am grateful to the Minister for giving me the opportunity to clarify where I am: it is Amendment 273D. My apologies if I have not been clear enough.

This amendment would make a small clarifying adjustment: where the text currently says that the Secretary of State must take whatever steps...

I am grateful to the Minister for giving me the opportunity to clarify where I am: it is Amendment 273D. My apologies if I have not been clear enough.

This amendment would make a small clarifying adjustment: where the text currently says that the Secretary of State must take whatever steps...

My Lords, I support several of the amendments tabled by my noble friend. The stand part notice in my name on Clause 134 is also in this group. We are getting into an interesting bit, in a legal sense, about what information is being gathered and how it can be...

My Lords, I support several of the amendments tabled by my noble friend. The stand part notice in my name on Clause 134 is also in this group. We are getting into an interesting bit, in a legal sense, about what information is being gathered and how it can be...

My Lords, I will speak to Amendments 271ZC and 273BA but I first thank my noble friends Lord Jackson of Peterborough and Lady Coffey for their amendments. My noble friend Lord Jackson began by describing his amendments as a “cornucopia”. I was always told that a cornucopia was a goat’s...

My Lords, I will speak to Amendments 271ZC and 273BA but I first thank my noble friends Lord Jackson of Peterborough and Lady Coffey for their amendments. My noble friend Lord Jackson began by describing his amendments as a “cornucopia”. I was always told that a cornucopia was a goat’s...

My Lords I thank noble Lords who have spoken. I am responding to the noble Lords, Lord Sharpe, Lord Hunt and Lord Jackson, and the noble Baroness, Lady Coffey, who have tabled amendments on the powers of the fair work agency and oppose Clauses 95 and 134.

I accept the point...

My Lords I thank noble Lords who have spoken. I am responding to the noble Lords, Lord Sharpe, Lord Hunt and Lord Jackson, and the noble Baroness, Lady Coffey, who have tabled amendments on the powers of the fair work agency and oppose Clauses 95 and 134.

I accept the point...

I hear what the Minister says, but surely she would agree that, if one looks at Amendment 273F, which moves from having “a balance of probabilities” to “beyond reasonable doubt”, if you are taking forward an LME infraction case beyond reasonable doubt, you are more likely to succeed, and the...

I hear what the Minister says, but surely she would agree that, if one looks at Amendment 273F, which moves from having “a balance of probabilities” to “beyond reasonable doubt”, if you are taking forward an LME infraction case beyond reasonable doubt, you are more likely to succeed, and the...

The evidence shows that the current wording is proportionate. There has not been a huge number of cases. Maybe we could argue about whether there should be more cases, but the fact that there has not been a huge number of cases is a reflection of that. What we do...

The evidence shows that the current wording is proportionate. There has not been a huge number of cases. Maybe we could argue about whether there should be more cases, but the fact that there has not been a huge number of cases is a reflection of that. What we do...

I thank the Minister for that comprehensive canter through my amendments. I defer to the poetic licence of my noble friend Lord Hunt of Wirral and accept that it is not a cornucopia, but my cup overfloweth nevertheless.

I appreciate the spirit in which the amendments were received. I was attempting...

I thank the Minister for that comprehensive canter through my amendments. I defer to the poetic licence of my noble friend Lord Hunt of Wirral and accept that it is not a cornucopia, but my cup overfloweth nevertheless.

I appreciate the spirit in which the amendments were received. I was attempting...

Moved by

Baroness Jones of Whitchurch

271A: Clause 111, page 123, line 40, after “sheriff” insert “or a summary sheriff”

Member's explanatory statement

This amendment would enable an application for an order enforcing a requirement in a notice of underpayment to pay a sum to an individual to be made in Scotland to a...

Moved by

Baroness Jones of Whitchurch

271A: Clause 111, page 123, line 40, after “sheriff” insert “or a summary sheriff”

Member's explanatory statement

This amendment would enable an application for an order enforcing a requirement in a notice of underpayment to pay a sum to an individual to be made in Scotland to a...

Moved by

Lord Sharpe of Epsom

271D: Clause 113, page 124, line 31, at end insert, “and the worker has provided written consent to the Secretary of State to bring proceedings on their behalf,”

Member's explanatory statement

This amendment requires the worker’s informed consent before the Secretary of State can initiate legal action, preserving...

Moved by

Lord Sharpe of Epsom

271D: Clause 113, page 124, line 31, at end insert, “and the worker has provided written consent to the Secretary of State to bring proceedings on their behalf,”

Member's explanatory statement

This amendment requires the worker’s informed consent before the Secretary of State can initiate legal action, preserving...