BIS Oral Questions: Agency Workers Directive
It would appear that we are no clearer on when the Government plans to implement the Agency Workers Directive. The AWD continues to be ‘kicked’ back and forth amongst front and back benches like a warm up for FIFA 2010. Below is a snap shot of the Parliamentary oral ‘kick about’ from last week concerning the directive with what appears to be Pat McFadden (Minister for Business) doing his best to book a place in Fabio Cappello’s squad as Centre half.
Andrew Miller, Labour, Ellesmere Port and Neston: What steps his Department is taking to ensure that employees’ rights are adhered to in the workplace; and if he will make a statement.
The Minister for Business, Innovation and Skills, Pat McFadden: Last year, the Government launched a £6 million, three-year information campaign to make sure that vulnerable workers are aware of their rights and of how to report abuses. As part of our efforts, we recently launched the pay and work rights helpline on 0800 917 2368. It combines the functions of five previous helplines, making it easier for vulnerable workers to report bad treatment at work.
Andrew Miller: I welcome that response, but may I remind my right hon. Friend of his words in July? He told the BBC:
“We know that there will be a minority of employers out there who will try to get around the law and perhaps that temptation increases in a recession, but we are determined that the recession must not be an excuse for people to be denied their basic employment rights.”
Does my right hon. Friend therefore agree with the 156 people who have signed early-day motion 2099, and will he implement the agency workers directive now?
Pat McFadden: It is perfectly normal for member states to be given three years to implement such directives. We will legislate to implement the directive in the coming months, but I have to tell my hon. Friend that if the Opposition had their way, the issue would not be whether the measure was implemented next year or the year after that, but whether it was implemented at all.
Tony Lloyd, Manchester Central: Will my right hon. Friend tell the House whether he has received any representations from those who would seek to ensure that the directive does not apply to the United Kingdom? Did they make those representations to him because they want to attack vulnerable workers, or is it, for them, merely another promise on Europe to be broken?
Pat McFadden: Yes, we have heard calls for social and employment legislation to be repatriated, and for us not to go ahead with the legislation. I do not know where the right hon. and learned Member for Rushcliffe (Ken Clarke) stands on the issue, but I do not believe that that would be in the interests of the country, when agreements have already been reached in Europe, or in the interests of agency workers, for whom we want to ensure justice, through the implementation, on a proper time scale, of the legislation.
Jonathan Djanogly: Conservatives did, indeed, campaign for a delay to the agency workers directive’s implementation until November 2011, and business was very relieved when the Government conceded to that delay. But, given the regulations’ complexity, why are the Government now pandering to trade union demands to push the measures through before the general election?
Pat McFadden: It is perfectly normal for legislation to be passed by this House and then for a period to elapse before its implementation. There is nothing unusual about that, and there is no undue delay to the matter. When such directives are agreed in Europe, it is perfectly normal for member states to be given up to three years to implement them. We have stuck by what we said we would do on the legislation, which is to legislate in the coming months and to have an implementation time scale on the basis that we have set out.
Source: APSCo 9th November Newsletter
Tags: agency workers directive, Andrew Miller, awd, Conservative, jonathan djanogly, Minister for Business, Pat McFadden, pay and work rights helpline, Shadow Minister for Business, Tony Lloyd
