If the hon. Gentleman is following this matter closely, he will know that there has been a series of judgments by the European Court of Justice that,
unless repealed, will add very considerably to the burdens faced by companies, and that that was fully recognised by his party when it was in office.
Is the hon. Gentleman not aware that the individual opt-out of which I was speaking was defended for over a decade by the last Labour Government?
I have worked with the hon. Gentleman for many years on the promotion of mutuality. I seem to remember that there was considerable progress under the Labour Government, but almost all achieved through private Members' legislation. Maybe he should put in a bid.
The benefits of flexibility also apply to flexible parental leave. The current system of maternity, paternity and parental leave is not fit for purpose. It is old-fashioned, inflexible and gender-biased. Indeed, research has found that a quarter of fathers change jobs, often in the two
years after a child is born, so that they can spend more time with their family. That generates costs for employers, so the answer lies in a system that reflects modern parenting without placing excessive burdens on business. A period of leave will be reserved for both the mother and the father, and a period of shared flexible leave will be available to the family for them to choose how to use. Greater flexibility in how leave is taken in the first year of a child's life will make it easier for both parents to work, keeping their attachment to the labour market. However, I recognise that we need to work closely with the small business community to ensure that those changes are introduced in ways that supports its growth rather than undermine it.
Legislation alone will not solve the economic challenges that we face or generate the economic renewal for which we are striving. However, our measures will help to create a platform for sustainable recovery. As I said at the start of my speech, we face an immense challenge, and the Government are determined to succeed in meeting it so that we rebuild the UK economy for the long term.
Nobody ever argued that the credit easing scheme would solve the problem of small business lending. We argued that it would cheapen the cost, and that will happen. All the major banks are now engaged in arranging packages to enable those lower costs to be passed through. I think the hon. Gentleman will be pleasantly surprised by the take-up within a few months.
I agree with the hon. Gentleman that we want banks to lend to small businesses, and one of the sources of finance, as identified recently in the Breedon report, which my Department commissioned, is big companies at the top of supply chains financing their own suppliers. They should do more of that, and we have introduced a programme, with some Government funding, to enable that to happen on a much bigger scale.
As the hon. Lady knows, there is a lot of discussion about whether, in respect of loan sharking, we should best proceed through different forms of regulation. It is not required to be in the Queen's Speech. In terms of small business lending, of course, we acknowledge that there is a real problem. There is a decline in net business lending, as the Bank of England has highlighted. Those who are closely engaged with small business, as I am, will tell her that the current issues are complex ones of security and the terms of loans. We need to engage again with the banking system about how to get proper flows of funds, and the structural reforms that we propose will certainly help.
There were many candidates for the Queen's Speech-a lot of productive legislation. The reforms in higher education are being pursued successfully. Many of the alarms sounded about the university reforms have not been realised. We can pursue questions about higher education in Business, Innovation and Skills questions next week. This is not about the higher education Bill.
That suggestion sounds eminently sensible. I do not know the extent to which it is required to be incorporated in the law, but it seems eminently sensible to pursue it in guidance.
That sounds like the basis of a speech in the debate. The hon. Gentleman will know that we are pursuing forceful policies in respect of innovation, including the establishment of the catapults across the country-something entirely new and positive in the innovation sphere-without the need for legislative approval.
I recognise that there are particular problems for small companies in adapting their work practices, but of course many of the most successful small companies have flexible practices. The idea of creating a two-tier labour market in this respect has many practical difficulties, but we can debate that as the Bill goes through Parliament.
That proposal is not in the enterprise and regulatory reform Bill. We are committing to extending flexibility at work in a way that avoids unnecessary costs for companies and delivers real economic benefits. Research from the CBI, for example, found that 63% of firms offering flexible working reported lower staff turnover, saving on recruitment and training costs.
I am not here to attack journalists; I am not sure which ones the right hon. Gentleman is referring to. It is certainly true that the Governor of the Bank of England has been absolutely clear from the outset that in order to have long-term stability in banking, these reforms, or something very like them, had to be implemented, as we are now doing.
One area where business success and responsibility coincide is in relation to flexible working. The UK employment framework compares well internationally and has helped to keep unemployment relatively low, despite the extremely difficult economic conditions, but that is not to say it cannot be improved, both for workers and employers. We want a flexible labour market that supports growth and creates employment, and making sure that that happens requires acknowledgement of changes in family life.
Most women now go out to work and men shoulder more of the duties at home. As roles and responsibilities have changed, our lives have become increasingly complex. That is not just true of parents with young children. Many have to combine working with looking after an elderly parent, a sick partner or a grandchild. Extending the right to request flexible working to every employee will make that easier.
That is the type of case that needs to be investigated; clearly, I do not know the facts behind that particular case. I do not want to take this as an opportunity to have go at Tesco; of course, its highly competitive retailing has been of great benefit to millions of customers, and we should not lose sight of that.
This intervention is designed to promote healthy competition, but it also speaks to a wider agenda that has emerged from this crisis, which is for business to be not only confident to expand and invest, but responsible too. That is the motivating factor behind one key element in the enterprise and regulatory reform Bill: our proposals to address directors' remuneration, where the link between performance and reward has been weakened in recent years. We have a responsibility to make sure that shareholders of UK-quoted companies have sufficient information and power to challenge boards. Under the current regime, companies can all too easily ignore shareholders, and that is why we intend to give shareholders binding votes on directors' pay.
We published detailed proposals in January and our consultation has just come to a close. We are now considering the responses and working carefully with stakeholders on the details. When we have finalised and published them, legislative measures will be introduced by Government amendment at the Committee stage of the Bill. Shareholders have shown admirable spirit in challenging boards. The so-called shareholder spring is a positive development. They are right to challenge boards; after all, it is their money. Our measures will give them the tools to maintain this challenge and, I hope, to reverse a trend that Labour was far too relaxed about.
Nowhere was Labour more relaxed, and with such disastrous consequences, as in relation to the excesses of the banking sector. We have been persuaded that it will be possible for the banking sector to perform its proper role in channelling savings towards productive business only if there is structural reform separating the so-called casinos from real, traditional banking. The banking reform Bill will boost the resilience of the UK banking sector, making it easier and less costly to wind down banks that get into trouble and curtailing the implicit Government guarantees from which the banking sector benefits. As I said to my right hon. Friend the Member for Louth and Horncastle (Sir Peter Tapsell), we intend to achieve this by mandating the ring-fencing of essential banking services from riskier wholesale and investment activities, as recommended by the Independent Commission on Banking chaired by Sir John Vickers.
The Government have given a clear commitment to legislate by the end of this Parliament, and banks will be expected to implement a ring fence as soon as practically possible thereafter. Implementation of the banking reforms will proceed in stages, with the final, non-structural changes fully completed by the beginning of 2019. This is another historic reform, and one where we lead the world.
That is a reserve power. When the Bill comes before the House, we will discuss precisely how the mechanism operates. We are committed to back-up powers. Voluntary mechanisms are desirable, and ideally we should not need such powers, but we will take them if necessary.
May I first congratulate my hon. Friend, who I think was one of the prime movers behind the legislation and was very persistent in demanding it? Of course, I have no control over the parliamentary timetable, but given that the Bill is small and there is a consensus, it should go through very quickly.
Bringing the two organisations together will in itself produce some efficiencies, but I cannot assure the hon. Gentleman that they will be protected from the efficiency savings that the rest of the public sector is having to undergo. We are confident, however, that with the reforms that we are undertaking, competition procedures will be faster, not slower.
The same concerns about competition underpin our decision to bring forward a separate Bill, establishing an independent groceries code adjudicator, which will protect suppliers-small firms and farmers-from unfair treatment. In doing so, we will support investment and innovation in the groceries supply chain, and support British food manufacturing and British farming. The measure has been welcomed by the Food and Drink Federation, the National Farmers Union and the Association of Convenience Stores.
The case of a highly concentrated industry buying from and selling to large numbers of suppliers and customers is a classic, economic textbook case in which intervention is needed to prevent monopoly profits. Retailers should not of course be prevented from securing the best deals and passing on the benefits to consumers, but equally retailers should be required to treat their suppliers fairly and lawfully. An independent adjudicator will ensure that the market is working in the best long-term interest of consumers. It will have the powers to intervene proactively and to name and shame offenders. In such a competitive market we consider that those powers will be an effective tool, but if it appears that they are not adequate, I, as Secretary of State, will be able to grant the adjudicator the power to impose financial penalties.
The unions certainly have a part to play, and I will continue to discuss the proposals with the TUC and affiliated unions, as well as with the employers' groups.
One area in which good regulation strengthens a market economy is competition policy, so the Bill establishes a new competition and markets authority, bringing together the competition functions of the Office of Fair Trading and the Competition Commission. It will be the principal competition authority with a remit to tackle anti-competitive behaviour and to ensure dynamic and open markets. Competition processes will be faster, with clearer time frames bringing greater certainty and reduced burdens on business.
I do not see why we should not do that, but I do not think that legislation is required to make that possible. We will certainly see whether it is feasible.
Small businesses also tell us that the fear of employment tribunals is a real disincentive to expanding and to taking on new staff. An employment tribunal is often a costly and stressful process for all concerned. I am fully persuaded that there has to be a balance between the legitimate expectations of workers that they will be protected from abusive employers and the legitimate expectation of businesses, especially small companies, that they can dismiss underperforming staff and not face costly and bureaucratic procedures. That balance is best pursued not through an adversarial system but by fostering conciliation in the workplace.
Our reforms will therefore promote the early resolution of disputes through the greater use of early conciliation and settlement agreements, so that fewer disputes end up in a tribunal. A tribunal is an admission of failure, so we want tribunals to be a last resort.
No, the Volcker rule as such is not in the legislation, but there is nothing stopping the hon. Gentleman bringing his proposals forward when the Bill is debated on the Floor of the House.
As several colleagues behind me have said, regulation is an issue, particularly excessive regulation for small companies, but inconsistent regulation damages businesses just as much, so the enterprise and regulatory reform Bill, as well as repealing some unnecessary requirements on business, will extend the primary authority scheme, enabling businesses that trade across local authority boundaries to deal with one authority on particular regulatory issues. If we consider that local authorities are responsible for 80% of inspection activity, covering areas such as trading standards, health and safety, and environmental health, the benefits of this approach are clear. As of last month, more than 450 businesses were members of the scheme, covering more than 50,000 premises in the UK, including many of our major high street
retailers. Our reforms will make the primary authority scheme available to many more small and medium-sized enterprises and help improve the targeting of inspections, which can be so time consuming.
The Bill also contains provision for accelerating deregulation. Much is being done at present through the one-in, one-out system to prevent small companies, in particular, from being suffocated by red tape, and we are working with like-minded Governments in Europe, as I pointed out to the hon. Member for Stone (Mr Cash) a few moments ago, to roll back excessive regulation emanating from Brussels. The red tape challenge is repealing many of the 22,000 Government regulations that impose unnecessary costs on business, mostly by secondary legislation, but also, where necessary, through the Bill. The Bill will also embed sunset clauses.
My right hon. Friend is quite right that the J.P. Morgan experience underlines the wisdom of separating the so-called casinos from traditional banking, but we take the view that in this country-J.P. Morgan, of course, is not a British bank-the solution we have advocated achieves that result at considerably lower cost than would the more extreme measures that I think he is advocating.
As with many other important industrial transformations, the Government's role in the Green investment bank's infancy is key. By setting up the bank, which is the first of its kind in the world, we can provide capital and funding to nurture these nascent markets and secure a global competitive advantage for the UK.
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