Sir Ashley Fox
MP for Bridgwater · Conservative · United Kingdom
“Too many coastal towns suffer from poor transport links, economic inactivity, seasonal employment and the loss of young people seeking opportunities elsewhere.”
“I hope the Minister, when she sums up, will consider the effect of the right to guaranteed hours on businesses in coastal towns. Has she considered that, when those businesses take on seasonal workers during a period of good weather, they are compelled to offer those hours for the next reference period, whatever the weather might be?”
“It is a pleasure to serve under your chairmanship, Sir Alec. Britain’s coastal communities are among the most beautiful parts of our country, but behind that picture postcard image lies a reality that too often goes unnoticed—isolation, hidden deprivation and a lack of opportunity.”
“The Leader of the House is a decent and honourable man, and the fact that he is so clearly rattled this afternoon shows how uncomfortable he is with the statement that he has delivered to us. As he knows, the purpose of that Opposition day debate was to have a vote to delay recess by one day to scrutinise the new Prime Minister.”
“I want to give the Minister the opportunity to comment on how the right to guaranteed hours affects seasonal workers. We are enjoying some beautiful weather in Somerset.”
“Bridgwater high street has many excellent independent businesses, such as Styles Menswear, Soda & Rye, and Alise and Louie, but there are also too many dodgy Turkish barbers and criminal enterprises selling illegal cigarettes.”
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“Bringing specials within the scope of section 50 would mean that their employer had to consider the request officially and grant a reasonable amount of unpaid leave. That would put them in the same position as councillors and magistrates. The number of people who volunteer as a special has fallen by two thirds over the past decade. Many forces now face significant gaps in their special constabulary ranks. Applications have slowed significantly, with most special constables joining purely as a stepping stone into the regular force. The two-year attrition rate of the force is 90%. That means that the constabulary does not see a good return on the time and training that it invests in new recruits.”
“They put themselves in harm’s way, without payment, to keep our society safe. I tabled the new clause because my constituent, Ms Emma-Elizabeth Murphy, asked me to do so. She came to see me at one of my first constituency surgeries and asked me to help her and her fellow special constables. Ms Murphy joined up as a special in 2021 and took the oath as a constable. Since then, she has recorded more than 1,300 hours of duties, arrested multiple offenders and dealt with fatal accidents. Last year, she was recognised as student special constable of the year. Ms Murphy explained that she and many of her colleagues use their weekends and holidays to perform their duties. They may ask their employers for unpaid leave, but 60% of employers who were surveyed do not grant it.”
“I beg to move, That the clause be read a Second time. Good morning, Sir Christopher. It is a pleasure to serve under your chairmanship. I am pleased to move the new clause, which would add special constables to the scope of section 50 of the Employment Rights Act 1996, giving them the right to unpaid leave to perform their duties. Special constables are volunteers. They give their time, at no cost to the taxpayer, to help our police forces. Specials have existed in some form ever since the Special Constables Act 1831, which allowed justices of the peace to conscript volunteers. The special constabulary as we know it was established by the Police Act 1964, which gave chief constables the authority to appoint and manage special constables. Today’s specials carry all the same legal powers as their full-time counterparts, on and off duty.”
“Importantly, Assistant Chief Constable Bill Dutton, acting in his capacity as the National Police Chiefs’ Council lead for the special constabulary, has provided his written support for including special constables under section 50. The Minister has received letters from hon. Members in all parts of the House, and I believe that some of his ministerial colleagues, too, may have received letters or held meetings with Government Back Benchers. The new clause could help with the recruitment and retention of many new special constables and it would make our streets safer. It would also finally recognise the work of the specials and put them on the same footing as the thousands of other people in this country who are allowed time off work to complete valuable civic duties. I ask the Minister to consider that.”
“That would not be quite enough to offset the £5 billion-worth of costs for small and medium-sized enterprises. The advantage of the new clause is that it would not cost either the taxpayer or employers any money. However, I thank the hon. Gentleman for his contribution. The truth is that, currently, many people simply do not have the time to offer to the role without employer support. The measure I propose would make it easier for specials to perform their duties and, I hope, help recruitment. Unlike so many of the proposals in the Bill, it would not cost either employers or the taxpayer any money. I am pleased that this campaign has the support of the Association of Special Constabulary Officers and more than a dozen MPs from Government and Opposition. We also have the endorsement of 10 police and crime commissioners.”
“New Clause 35 Carer’s leave: remuneration “(1) In section 80K of the Employment Rights Act 1996, omit subsection (3) and insert— ‘(3) In subsection (1)(a), “terms and conditions of employment”— (a) includes matters connected with an employee’s employment whether or not they arise under the contract of employment, and (b) includes terms and conditions about remuneration.’”— (Steve Darling.) This new clause would make Carer’s Leave a paid entitlement. Brought up, and read the First time .”
“Although I am disappointed that the Minister has not accepted the new clause, I will withdraw it at this stage. I can count 10 Government Members and only five on the Opposition Benches, so my chances of success in a Division would be limited. I hope the new clause can find its way back into the Bill, perhaps in another place. I beg to ask leave to withdraw the motion. Clause, by leave, withdrawn.”
“Tourism is very important to Burnham-on-Sea, Berrow and Brean in my constituency. Will the Secretary of State reassure business owners in those towns and villages that her Government have no plans to introduce a tourism tax?”
“8. What assessment he has made of the potential impact of proposed increases in employers’ national insurance contributions on job creation in Northern Ireland.”
“I am grateful for the warm welcome. How does the Minister expect businesses in Northern Ireland to grow and invest in their communities, given that they have to pay the enormous tax increases imposed by the Chancellor?”
“Will there be any independent oversight to review the use of these powers and prevent misuse? I would be grateful if the Minister outlined the safeguards and controls that will be implemented to ensure that the power is not used excessively or for purposes outside its intended scope. Furthermore, what will the procedures be for ensuring accountability and transparency in the use of this power?”
“Is the power expected to be a routine tool, or will it be reserved for exceptional circumstances where there is significant evidence suggesting the need for such an intrusive measure? Additionally, it is crucial to ensure that safeguards are in place to prevent any inappropriate or intrusive use of the power. Given the sensitivity of extracting data from electronic devices, there is a need for strict guidelines and oversight to ensure that the power is not abused. How will the Government ensure that the power is used proportionately and responsibly? What measures will be put in place to prevent overreach and protect the privacy of individuals who are not involved in criminal activity? For example, will there be a requirement for judicial authorisation before enforcement officers can access private data?”
“Those strict conditions are in place to ensure that the powers are used appropriately and only when there is a legitimate and necessary reason to extract information from electronic devices. While that power can be extremely valuable in investigating serious crimes, it is important to consider how often such powers will be needed when enforcing employment law specifically. The nature of employment law enforcement does not always require the same level of investigation into criminal activities as, for example, police work or national security investigations. Thus, I would appreciate an insight from the Minister regarding the frequency with which the power is likely to be used in the enforcement of employment laws.”
“The powers can be exercised for the following objectives: preventing crime, which could include investigating cases of worker exploitation, trafficking or other forms of criminal behaviour related to employment law; detecting criminal activity, such as fraudulent schemes or illegal practices by employers; investigating crimes, especially where there is a digital trail or evidence related to labour abuse, fraud or similar issues that could be crucial to the case; prosecuting crime and ensuring that the evidence gathered can be used in legal proceedings to hold perpetrators accountable; locating missing persons, which could be relevant in situations involving forced labour or human trafficking; and protecting vulnerable individuals, such as children or at-risk adults, from harm, including neglect or physical, mental or emotional abuse in the workplace.”
“The ability to access electronic devices and retrieve relevant data will aid in gathering evidence and conducting thorough investigations, especially when digital evidence is critical to uncovering illegal practices. To clarify the scope of that power, section 37 of the 2022 Act limits the use of the power to specific purposes.”
“The amendment would grant enforcement officers, under part 5 of the Bill, the authority to exercise the powers outlined in section 37 of the Police, Crime, Sentencing and Courts Act 2022. Specifically, it would enable those officers to extract information from electronic devices in certain circumstances. Of course, everyone now carries one of those electronic devices. The amendment is designed to support enforcement officers in carrying out their duties, including the investigation and enforcement of employment laws, particularly in cases that may involve criminal activities, such as exploitation, trafficking or financial misconduct.”
“None the less, these changes at this stage still serve to enhance the legal robustness and practical application of the Bill, which will ultimately contribute to more effective enforcement and smoother implementation.”
“In addition, the minor drafting changes provided by amendments 197 and 200 contribute to legal clarity, ensuring that the Bill’s language is precise and consistent, which will help to avoid any future complications in the application of the law. Although these changes are reasonable and sensible, in the light of the Bill’s policy objectives, it is worth noting that they should ideally have been included at the time of the Bill’s introduction. The legal continuity ensured by amendments 191 and 192, as well as the technical refinements in amendments 197 and 200, could have been addressed earlier in the drafting process, to ensure that the Bill was as comprehensive and clear as possible from the outset.”
“Even small drafting changes play an important role in improving the overall functionality and effectiveness of the legislation. Amendments 197 and 200 help to fine-tune the Bill’s language, ensuring that there are no interpretive uncertainties that could arise during its application. By addressing potential issues in the drafting, the amendments help to streamline the implementation process and reduce the risk of legal challenges or confusion in future interpretations of the law. Taken together, the amendments—particularly amendments 191 and 192—help to ensure that there is no legal disruption when the provisions in part 5 of the Bill come into effect. That is an essential part of the legislative process, as it guarantees that previous actions remain valid and that transition to a new regulatory framework is smooth.”
“The amendments clarify that past decisions and procedures will be treated as if they were made under the authority of the new system, which will help to avoid any potential legal challenges or confusion. Amendments 197 and 200 involve relatively minor drafting changes. Although the specifics of those changes may not substantially alter the substance of the Bill, they are important for clarity, consistency and precision in the text. These types of amendments typically address technical issues, such as language inconsistencies, ambiguities or minor adjustments to improve the readability and legal accuracy of the provisions. Although they do not represent major shifts in policy, such amendments are crucial in ensuring that the Bill’s provisions are clear, unambiguous and legally sound.”
“Essentially, the amendments provide a mechanism to ensure that the transition to the new legal framework does not invalidate or interfere with prior administrative or operational activities. The rationale behind the amendments is straightforward: it is legal continuity. As enforcement officers are brought under a new regulatory framework, it is crucial that past actions related to their roles, such as those conducted before the Bill takes effect, are preserved and do not need to be revisited or re-executed under the new provisions. That ensures that there is no disruption in the functioning of enforcement operations and that any ongoing matters involving enforcement officers continue seamlessly under the authority of the Secretary of State.”
“Government amendments 191 and 192 are designed to ensure legal continuity for actions and decisions made regarding existing enforcement officers prior to the implementation of part 5 of the Bill. They stipulate that any actions or procedures carried out “in relation to” enforcement officers before the new provisions come into force, such as appointments, disciplinary actions or administrative functions, will continue to have the same legal effect as if they had been made “in relation to” the Secretary of State. That is important, because it prevents any disruption or confusion in the legal standing of prior actions, ensuring that they are not rendered ineffective by the changes introduced by the Bill.”
“It guarantees that actions taken by officers acting under the 1996 Act will still have legal effect even as their functions are transferred to the Secretary of State and the fair work agency. The amendment essentially ensures that any ongoing enforcement activities related to employment tribunal awards remain valid, preventing legal confusion or disruption during the reorganisation. It also ensures that the change in responsibility from individual enforcement officers to the Secretary of State does not cause any delay or interruption in enforcement actions. This will help to maintain confidence in the process, both for workers seeking to enforce their tribunal awards and businesses affected by these decisions.”
“Amendment 193 addresses the need for a seamless transition in the enforcement of employment tribunal awards. It specifically ensures that the transitional provision in paragraph 6 of schedule 7 to the Bill will apply to officers acting under part 2A of the 1996 Act, which governs the enforcement of employment tribunal awards. This is an important step as the enforcement of the tribunal awards will now fall under the responsibility of the Secretary of State, as stipulated in the Bill. By making the provision, the amendment ensures that the functions previously handled by officers enforcing tribunal awards will continue smoothly during the transition, even as the legal authority for enforcement shifts. The inclusion of the amendment is crucial for legal continuity.”
“By allowing the warrants to be treated as though they were issued under the new clause, the amendment facilitates a smoother enforcement process and reduces the risk of legal challenges or procedural delays. This is an important safeguard for the enforcement of labour laws and ensures that the power to execute warrants continues without disruption, regardless of the legislative changes.”
“The amendment introduces new paragraph 7C, which addresses the scenario where a warrant issued under section 17 has not yet been executed at the time of the change. In such cases, the warrant will be treated as if it were issued under the new provisions in clause 83, but with a critical distinction. Any changes introduced by the Bill that would not have applied under section 17, such as the additional requirements in part three of new schedule 1, will be disapplied. The purpose of the amendment is to ensure that any ongoing enforcement actions involving warrants issued under the old regime are not hindered or invalidated by the transition to the new framework.”
“The amendment is vital for legal continuity. It guarantees that there will be no disruption in enforcement activities during the transition period. Officers who previously worked under the authority of the GLAA, particularly those involved in tackling labour abuse, will carry out their roles without interruption, as their actions will be treated as if undertaken by enforcement officers with the equivalent legal powers. The measure strengthens the overall framework for worker protection and labour abuse prevention, ensuring that the enforcement of relevant laws continues smoothly as the responsibility shifts to new authorities. Amendment 199 focuses on the transitional provision for warrants issued under section 17 of the 2004 Act, which is being re-enacted in a revised form as clause 83 of the Bill.”
“Amendment 198 introduces a transitional provision designed to ensure that actions taken by or in relation to labour abuse prevention officers prior to the abolition of the Gangmasters and Labour Abuse Authority will continue to be recognised as valid. Specifically, it ensures that any activities, decisions or functions performed by those officers before the GLAA’s dissolution will have the same legal effect as if they had been carried out by or in relation to enforcement officers who have been granted equivalent powers under section 114B of the Police and Criminal Evidence Act 1984. This is critical because it provides a seamless transition as enforcement responsibilities are transferred, making certain that actions taken by the GLAA’s officers before the abolition of the agency are not rendered void or ineffective.”
“Amendment 196 seeks to clarify the applicability of general and specific provisions and the relationship between the general provision outlined in paragraph 6 of schedule 7 and any more specific provision within that schedule. The amendment ensures that, in the event of a conflict or overlap between general and specific provisions, the more detailed or specific provisions will take precedence. This is an important measure for maintaining legal clarity and consistency in the application of the Bill. By prioritising specific provisions where applicable, the amendment prevents any unintended gaps or inconsistencies in the legal framework, ensuring that enforcement activities and related actions are governed by the most precise and relevant rules.”
“This provision is particularly important for maintaining continuity in enforcement activities. The information collected by officers acting under earlier laws may be vital for ongoing investigations or enforcement actions. For instance, data about businesses that are non-compliant with labour laws, or evidence of potential worker exploitation, could be crucial for future legal proceedings or further investigations.”
“Government amendments 201 and 202 are designed to address a key aspect of the transition process under the Bill. Specifically, they are designed such that any information that was obtained prior to the coming into force of part 5 of the Bill by officers operating under existing legislation and is currently held by the Secretary of State, can still be used or disclosed in accordance with the provisions outlined in clause 98 of the Bill. That is crucial because, as enforcement functions transfer to the fair work agency, there needs to be continuity in how information is handled. By allowing the Secretary of State to continue using and disclosing this information under the new framework, the amendments ensure that no critical data or intelligence gathered under the previous system is lost or becomes unusable during the transition.”
“Never-theless, the amendments go a long way to addressing the issues that could arise during the handover of enforcement responsibilities, and ensuring that the transition to the fair work agency will be as smooth and effective as possible.”
“I would also like to hear about the monitoring processes that will be in place to oversee the transition period and ensure that any unforeseen issues are quickly addressed, which is vital for maintaining business confidence and worker protections throughout the period of change. While the amendments are crucial for ensuring that enforcement activities continue smoothly during the transition, they should ideally have been made earlier in the process to avoid the need for these later clarifications. Having a more comprehensive and cohesive framework in place at the outset would have reduced uncertainty and provided greater assurance to all parties involved.”
“Given the number of amendments and the complexity of the transition, I would appreciate the Minister’s reassurance that there is a comprehensive understanding of the full scope of the changes and that no essential elements have been left unaddressed. Are the Government confident that all necessary steps have been taken to ensure a smooth and effective transition? In particular, can the Minister assure us that the fair work agency will be fully equipped to handle its new responsibilities, including that it will be able to utilise critical information from the prior enforcement system without any disruptions?”
“While these amendments are clearly intended to provide clarity and ensure continuity, the volume of amendments suggests that there may still be unanswered questions or unforeseen gaps in the transition process, which leaves me somewhat nervous that issues may have been missed in the initial drafting of the Bill. We have certainly seen that happen often enough thus far. It is crucial that all challenges or concerns relating to the transfer of enforcement powers are adequately addressed before the Bill passes. As such, I believe it is important to consider whether there are any outstanding issues that might affect the long-term success of the transition.”
“Throughout the Committee’s proceedings, we have debated many Government amendments of a similar nature. Amendments 201 and 202 are necessary to fine-tune the Bill and ensure that all aspects of the transition are fully addressed, but the sheer volume of amendments at this stage leaves me with some concern, as it suggests that the Bill may not have fully accounted for all the transitional issues at the outset, and there may still be elements that have not been addressed. Given the complexity of centralising such a significant portion of the enforcement process, it is natural to be cautious about whether any areas may have been overlooked.”
“By ensuring that previously collected information can still be used effectively, the amendments will help to prevent disruptions or delays in enforcement, safeguarding both workers and businesses. It is worth noting that the transition to a new enforcement structure can often be fraught with challenges. The Bill will alter not only the bodies responsible for enforcement, but the way in which information and data are managed. The amendments will help address the practical aspects of the transition, ensuring that the fair work agency has the resources and information it needs to continue performing its duties effectively. In doing so, they will create a smoother handover of powers and responsibilities from the previous enforcement regime to the new framework.”
“By making it clear that the Secretary of State has the authority to use and disclose such information under clause 98, the amendments ensure that the enforcement process remains uninterrupted, effective and legally coherent. Overall, the amendments are sensible and necessary to guarantee that nothing falls through the cracks as the responsibilities for enforcing labour laws transition from existing structures to the fair work agency. As the Bill centralises enforcement functions, it is essential that any information collected under the old system remains accessible and usable by the new agency. That is particularly important given the potential impact on ongoing investigations, compliance checks and prosecutions.”
“My hon. Friend makes a valuable point. The reason that the Bill is in such poor condition is that the Labour party was under a political obligation to its trade union friends to bring it forward within 100 days. Had it waited a month or two, we would not have needed such detailed scrutiny and so many Government amendments. Occasionally one hears a tut or a groan from Government Members as we try to scrutinise the Bill, but really it is entirely the Government’s fault for bringing forward such a poorly drafted piece of legislation. As I was saying, without amendments 201 and 202, confusion or legal obstacles could prevent the use of such information, creating gaps in the enforcement process.”
“I urge the Minister to provide additional assurances that all potential legal or procedural pitfalls have been anticipated, and that the Government have taken every necessary step to guarantee that the work of enforcement officers and the legal process will continue without interruption. Although the amendments are certainly a step in the right direction, we must remain vigilant to ensure that the full scope of the transition is properly managed and that the system continues to protect the rights of workers effectively.”
“The amendments we have seen so far have been well intentioned and critical for ensuring legal continuity, but I would appreciate the Minister’s reassurance that nothing has been overlooked in this important process. As we know, the task of realigning enforcement powers can be complex, and with numerous provisions being amended or repealed, the risk of something slipping through the cracks is a valid concern. Opposition Members are asking for clarity that even with these detailed and helpful amendments, the transition to the fair work agency will not inadvertently create gaps or unintended consequences.”
“The changeover to the fair work agency is a significant shift, and these amendments are an important step in maintaining enforcement consistency. Given the complexity of transferring powers and responsibilities between agencies, the amendments ensure that no legal actions or evidence will fall through the cracks during the transition. They will ensure that enforcement remains robust, and that any evidence gathered or actions taken before the changeover still hold legal weight under the new system. Although the adjustments are sensible and necessary, the number of Government amendments made in Committee leaves me with some concern about whether every possible issue has been addressed.”
“Without the amendment, there could be ambiguity and potential legal challenges regarding the admissibility of evidence, which could undermine ongoing enforcement efforts and hinder the administration of justice. By making this provision, the Government ensure that no gaps are created in the legal framework, preserving continuity and clarity in the application of the law. As we transition enforcement functions to the fair work agency, such amendments are vital to ensure the process is as seamless as possible. The purpose of amendment 203, and others like it, is to safeguard that critical aspects of the previous legal framework remain intact, even as the functions are reassigned or modified under the Bill.”
“Government amendment 203 seeks to address an important transitional issue arising from the repeal of section 9 of the Employment Agencies Act 1973 by the Bill. Section 9 currently stipulates that a statement made by an individual in compliance with a requirement to provide information under that section may be used as evidence in criminal proceedings against them. The amendment ensures that any statements made under the provisions of section 9 prior to its repeal can still be used in criminal proceedings that occur after the repeal takes effect. The amendment is a necessary adjustment to maintain the integrity of the legal process. It will ensure that evidence obtained while section 9 was in effect remains valid and admissible in criminal cases, even after the section’s formal removal from the statute.”
“I would like to take this opportunity to ask the Minister for a more detailed assessment of how the creation of the fair work agency will enhance our ability to identify and prevent modern slavery offences. Given the increasing complexity of labour exploitation and the fact that modern slavery offences often take place in hidden, clandestine environments, the need for a robust, dedicated enforcement body is more pressing than ever.”
“The GLAA has played a pivotal role in investigating and combating labour abuse, particularly in high-risk sectors such as agriculture, horticulture and construction. By ensuring the smooth continuation of these functions under the fair work agency, we are reinforcing our commitment to protecting vulnerable workers and ensuring that modern slavery offences are actively pursued. Moreover, the amendment will guarantee that the dedicated focus on tackling labour exploitation is preserved even as responsibilities shift. The fair work agency will now serve as the central body for enforcing these laws, and it is critical that its operations are fully equipped to carry forward the work done by the Gangmasters and Labour Abuse Authority, particularly in investigating and preventing cases of modern slavery.”
“It is a pleasure to serve under your chairmanship, Ms Vaz. Government amendment 204 is crucial to ensuring that functions currently performed by the Gangmasters and Labour Abuse Authority under the Modern Slavery Act 2015 continue seamlessly after the powers are transferred to the Secretary of State. As part of the broader restructuring outlined in the Bill, those functions will be absorbed into the newly established fair work agency, which will take on the role of overseeing labour rights and enforcement activities. It is essential that the transfer of these powers does not lead to any gaps in the enforcement of laws relating to modern slavery, human trafficking and labour exploitation.”
“It is important to explore whether such overreach is truly necessary and what specific circumstances justify such broad powers.”
“Given the importance of these rights, we must understand why it has taken so long for the Government to act on these matters. New clause 52, which grants the Secretary of State broad and sweeping powers to, by regulations, “make such provision as the Secretary of State considers appropriate for the purpose of giving effect” to the maritime labour convention and the work in fishing convention, raises several questions. I would like to understand more about why it is deemed necessary to grant such wide-reaching power to the Secretary of State. Specifically, why does this provision allow for the creation of regulations that give the Secretary of State the authority to determine what should be done without offering a clear, predefined set of actions?”
“The maritime labour convention, which was adopted on 23 February 2006, and the work in fishing convention, adopted on 14 June 2007, represent significant international agreements aimed at improving the working conditions and rights of seafarers and those working in the fishing industry. However, despite their adoption many years ago, the provisions in those conventions have not yet been fully legislated for within the UK framework. One must ask why the previous Labour Government did not introduce this crucial provision into UK law during their time in office. The conventions were in existence long before the current Government came to power, and it is concerning that they were not prioritised earlier. What led to that omission, and why has it taken so long to bring them into the scope of our legislation?”