The
Committee consisted of the following
Members:
Armstrong,
Hilary
(North-West Durham)
(Lab)
Baron,
Mr. John
(Billericay)
(Con)
Burden,
Richard
(Birmingham, Northfield)
(Lab)
Burt,
Lorely
(Solihull)
(LD)
Cruddas,
Jon
(Dagenham) (Lab)
Gibson,
Dr. Ian
(Norwich, North)
(Lab)
McFadden,
Mr. Pat
(Minister for Employment Relations and Postal
Affairs)
McGovern,
Mr. Jim
(Dundee, West)
(Lab)
Prisk,
Mr. Mark
(Hertford and Stortford)
(Con)
Seabeck,
Alison
(Plymouth, Devonport)
(Lab)
Smith,
Geraldine
(Morecambe and Lunesdale)
(Lab)
Streeter,
Mr. Gary
(South-West Devon)
(Con)
Stuart,
Mr. Graham
(Beverley and Holderness)
(Con)
Swayne,
Mr. Desmond
(New Forest, West)
(Con)
Teather,
Sarah
(Brent, East)
(LD)
Trickett,
Jon
(Hemsworth) (Lab)
Celia
Blacklock, Committee Clerk
attended the Committee
Tenth
Delegated Legislation
Committee
Wednesday 9
July
2008
[Robert
Key in the
Chair]
Draft National Minimum Wage Regulations 1999 (Amendment) Regulations 2008
2.30
pm
The
Minister for Employment Relations and Postal Affairs (Mr.
Pat McFadden): I beg to
move,
That
the Committee has considered the draft National Minimum Wage
Regulations 1999 (Amendment) Regulations
2008.
Thank
you for chairing our sitting this afternoon, Mr. Key. I am
pleased to present this years national minimum wage
regulations. They do two things: provide for this years
increase to the national minimum wage rates and make a couple of
amendments to the current provisions for participants in the work
trials of Jobcentre Plus and other Government employment programmes. I
shall set out the position on both
issues.
We
have accepted the recommendations of the independent Low Pay Commission
on the new minimum wage rates. The increases will benefit about 1
million workers. The commission hears from workers and business, as
well as considering wider economic evidence before making its
recommendations each year. That model has been in place since the
minimum wage was established, and it is proving very successful. The
aim in setting the rates is always to support the low-paid, while
considering their wider employment prospects in the
economy.
Work
trials are a long-standing and successful employment programme and
offer the long-term unemployed the chance to try out a job during a
short, voluntary trial period with a prospective employer. They are
particularly useful for those who have been away from the labour market
for a long time, for one reason or another. The trials are also helpful
to employers because they give them time to find out about the
individual, perhaps overcoming misconceptions about the skills,
experience or work readiness of those who have been away from the
labour market for a long time. Both for employers and participants,
there is an advantage in helping them find out that the barriers to
work might not be as high as they had previously
feared.
The
way in which the programme has operated until now is that work trials
have run for up to three weeks. During the trial period, the
participant continues to receive benefits from Jobcentre Plus and is
therefore exempt from the minimum wage. The regulations extend the
exemption period from three weeks to a maximum of six weeks to provide
for the new extended work trials. If a successful trial leads to the
individual being appointed to the job on a permanent basis, they would
be entitled to the national minimum
wage.
The
extended work trials are intended to allow more people to try going
back to work, particularly those furthest from the labour market. We
all know of constituents on incapacity benefit who may have been
away from the labour market for a long time, who say, Id
like to try, but Im fearful that if I try I will immediately
lose all my benefits and if it doesnt work out for me there
will be a problem. The regulations allow individuals to try out
the scheme not for three weeks, but for up to six weeks. We expect
trials to go beyond three weeks probably only in a minority of cases
because most of them are three weeks or less at the moment. However, in
some cases, both the employer and the individual involved might want a
little longer to try out the scheme.
The
regulations also make an amendment in respect of participants in other
Government employment programmes, which make available a range of
options to provide jobless people with training, work experience or
temporary placements to assist them in obtaining sustained work.
Participants usually remain on benefits or receive a training
allowance, but some may take up the option of subsidised employment
with an employer, during which they would receive the going rate for
the job, which would be at least the minimum
wage.
Dr.
Ian Gibson (Norwich, North) (Lab): Will my hon. Friend
inform us about how the number of people on the minimum wage varies
seasonally or annually, however the figures have been
prepared?
Mr.
McFadden: The increases that we are talking about today
will benefit about 1 million people, of whom three-quarters will be
low-paid women. Those are broad numbers. About 15,000 people a year are
doing the work placements for which I am talking about extending the
period.
Mr.
Mark Prisk (Hertford and Stortford) (Con): Clearly, those
are pilot tests and trialsthe regulations use the word
trial. Presumably, therefore, were the trials to be
judged successful, the regulations would apply to a much wider group,
as clearly 15,000 is a small number. Will the Minister confirm that if
the trials were extended that would be the Governments
intention?
Mr.
McFadden: Our estimate is that there might be another
5,000 beyond the 15,000 currently taking part for three weeks. However,
not all the 5,000 would go for the full six
weeks.
The
amendments of the work experience programmes are designed to make it
clear which participants are entitled to the minimum wage and which are
not. The greater clarity will benefit participants and employers, but I
stress the fact that we are not making a change to long-standing
arrangementswe are making the regulations
clearer.
Mr.
Graham Stuart (Beverley and Holderness) (Con): Given the
number of people on the minimum wage who are dependent on tax credits,
how much material difference will the minimum wage make to the 1
million people affected by the
provisions?
Mr.
McFadden: The rise is worth roughly 3.8 per cent. across
the different minimum wage rates. The hon. Gentleman is right to
mention tax credits. Taken together, the rise and the credits would
give a family with two
children just under £300 a weekI thinkas a
guaranteed income. I will check that figure, perhaps during the
debate.
I
shall quickly go through the regulations. Regulation 1 provides an
increase to the minimum wage. Rates will apply from 1 October 2008, in
a well established pattern that is operated annually. The provision on
work trials and employment programmes will take effect from the day
following the date on which the regulations are made, to ensure that
individuals can benefit as soon as possible. Regulation 3 increases the
adult rate of the minimum wage from £5.52 an hour at present to
£5.73 from October. Regulation 5 increases the rate for workers
aged between 18 and 21 from £4.60 to £4.77 an hour and
the rate for workers aged below 18 from £3.40 to £3.53 an
hour. The accommodation offset is increased from £4.30 to
£4.66 per day under regulation 6that is the maximum
daily amount that an employer may deduct from a workers pay for
accommodation provided by the employer.
Regulation 4
clarifies the circumstances in which the Government employment
programmes that I spoke about qualify for the national minimum wage,
also making an extension from three to six weeks for the exemption from
the national minimum wage for those taking part in such a work trial.
The hon. Member for Hertford and Stortford talked about pilots; it is
not a pilot, but an established programme. We are extending from three
to six weeks the period for people to try it out before the minimum
wage or a decision about their continuing the trial will kick
in.
2.39
pm
Mr.
Prisk: I welcome you to the Chair, Mr. Key, to
keep our deliberations to the point and effective. I thank the Minister
for his opening remarks on an important piece of legislation; as he
said, 1 million people will be affected by the changes.
The changes
will come into effect on 1 October, when adult wages at the national
minimum level will rise to £5.73. The Governments
regulatory impact assessment shows an estimated cost of about
£62 million, of which direct wage costs are about £54
million. As we know, these are difficult times for many businesses, so
it is important to understand the impact of the regulations on small
and medium-sized businesses. I hope that the Minister will answer one
or two questions.
What estimate
has the Ministers Department made of the impact on small
businesses with five employees? What percentage rise of the costs would
that represent, particularlythis is importantif pay
differentials are maintained? Similarly, what estimate has been made of
the impact on a medium-sized business, perhaps an engineering firm or a
local hotel, where there might be 50 employees? More than 95 per cent.
of businesses are small or medium-sized, and we must understand how the
regulations will affect such organisations and their ability to
continue employing people in the current circumstances.
Equally, the
impact on the public sector is important. How many people in the public
sector does the Minister estimate will be affected, and what will be
the cost to the Exchequer, assumingas I am sure he wants to
dothat pay differentials are maintained? On the problems of
enforcement and rogue traders, will the Minister tell me
what success Her Majestys Revenue and Customs has had in
stamping out illegal pay deals? I know that matter is close to his
heart. Will he tell me, for example, how many prosecutions there have
been in the year since the last upratings were discussed by the House?
How does the number of prosecutions compare to the year before? I
appreciate that he may not have such detailed figures on the tip of his
tongue, but perhaps he can respond in due course. If not, it would be
helpful for such matters to be put on the record either orally or in
writing.
The Minister
rightly said that regulation 3 increases the principal rate for adults
from £5.52 to £5.73. Under regulation 5 there are
differential rates for other workers. For those aged between 18 and 21
the rate rises from £4.60 to £4.77 an hour, and for those
below 18, from £3.40 to £3.53. There may be the potential
for conflict with proposed legislation. Has the Minister discussed with
the Leader of the House whether the differential rates proposed on the
basis of age will fall foul of the equalities Bill? If age
discrimination is to be outlawed, one might assume that would include
pay.
Regulation 4
puts in place the matters we have touched on in respect of Jobcentre
Plus and the six-week trial. There is considerable merit in what the
Government seek to do, but it would be helpful for the Committee to
understand what discussions the Minister has had with his opposite
number in the Department for Work and Pensions. Just as important, what
discussions has he had with business and trade union representatives on
the impact of the regulations?
As members of
the Committee know, regulation 6 sets the per-day value of the
accommodation amount applicable where an employer provides a worker
with living accommodation. The regulation increases the amount from
£4.30 to £4.46 per day that the accommodation is
provided.
Mr.
Prisk: I am happy to take the Ministers
intervention.
Mr.
McFadden: I think that I may have given the wrong figure.
I may have said £4.66the hon. Gentleman is right, it is
£4.46.
Mr.
Prisk: I am grateful to the Minister for helpfully
correcting the record. Can he tell me whether, if someone with a
full-time job independent of the landlord is provided with free
accommodation in return for a few hours free work in the week, the
landlord will, de facto, be in breach of the regulations? There is a
potential conflict.
[Interruption.] The Minister
asks me to try to explain that again. It is a complex issue. If a
worker has a full-time job, independent of their landlord although they
have free accommodation in return for a few hours of work for that
landlord, is the landlord de facto in breach of the regulations? I
suspect that point may not have come up in his discussions, so it would
be helpful to put the answer on the record. I hope that he will be able
to provide us with some useful answers to the questions I have
raised.
2.45
pm
Lorely
Burt (Solihull) (LD): Welcome to the Chair, Mr.
Key, for what may turn out to be a brief, although important, debate.
It hardly seems a year since we were here last time. From memory, the
increase that we are contemplating this year is slightly more modest
than the one last year.
The hon.
Member for Hertford and Stortford has referred to the current economic
situation and the way in which the minimum wage particularly affects
small businesses. The Liberal Democrats do not believe that is an
excuse not to have some form of minimum remuneration. However, given
that the Low Pay Unit works hard to try to balance severely rising
prices against the employers ability to pay, to try to find an
amount that is fair to everybody, will the Minister tell us how long
ago the Low Pay Unit considered the economic factors? The situation
seems to have worsened considerably in the last month or so, and I
wonder whether its deliberations took place when it was able to take
into account the worsening economic situation.
The problem
with the minimum wage is that it is a blunt instrument. Although it is
a reasonable amount in some parts of the United Kingdom, in others it
is nowhere near sufficient to allow anyone to have a living wage. Have
the Government any plans to look at the possibility of calculating the
minimum wage on a regional basis, whereby a more just and equitable
amount might be devised in relation to local economic factors, rather
than national economic
factors?
Turning
to the work trial situation, it seems clear that six weeks is a
reasonable periodmuch more so than three weeksfor the
employer and employee to judge whether they will be able to rub along
together and form an effective economic partnership, so I support that.
I was not aware of the work trial before today; it seems a splendid
idea. How widespread is knowledge of the work trial among employers? I
am sure that work trials would make many employers, particularly those
in small businesses, feel a lot more confident about taking on someone
who might not naturally fit the bill, rather than having to take a risk
with someone who looked like a more suitable bet on the face of it.
Will the Minister tell us how much the work trial has been publicised,
both among employers, particularly those in small businesses, and among
those seeking work, particularly those who have been unemployed or in
receipt of disability benefit for a long
period?
2.49
pm
Jon
Trickett (Hemsworth) (Lab): I apologise for being a couple
of minutes late, but I think that I grasped the general thrust of the
Ministers arguments. However, there are some thoughts that I
should like to raise with my hon. Friend and test him on, if I may.
First, I am very proud of our Governments achievements in
establishing the national minimum wage. As he said, the uprating will
affect about 1 million people, 100,000 of whom will be in my home area
of Yorkshire and Humber. Many people in my constituency may have
forgotten that our Government introduced the national minimum wage and
lifted them out of
poverty.
We
are hitting a moment of economic turbulence, the cause of which need
not trouble us here, but I heard voices in the House at business
questions suggesting
that we look again at the rate of increase of the national minimum wage.
Allegedly, the increase might have a detrimental effect on employment.
I want to test that argument a little, and I invite my hon. Friend to
comment.
I
draw attention to the fact that the national minimum wage would
guarantee a person on a 37 and a half hour week, 52 weeks a year, an
income of £10,700 per annum. The Committee might think that is
not a large amount and it certainly is not, but it is about
£3,000 more than the figure for the absolute poverty line that
has been established by authoritative sources, so it is a good thing.
None the less, the Joseph Rowntree Foundation released a report the
other day suggesting that a person would need to earn at least a
minimum of £13,500 a year to survive in a way that would be
regarded as acceptable in this day and age. Clearly, none of
usgiven the controversial votes the other daycould
manage on such a low income. There is a gap between what the national
minimum wage gives an individual and what Joseph Rowntree at least
regards as
acceptable.
I
press my hon. Friend to continue proudly with our policy of gradually
and carefully, yet steadily and remorselessly, increasing the national
minimum wage in the years of our Administration to come. I want to draw
a comparison between ourselves and the Opposition. The argument used by
some hon. Members is that employment may be threatened by the increase
in the national minimum wage, which has increased steadily beyond
inflationrightly so. There are two points to make about that.
Not only did the Labour party establish the national minimum wage, but
we have achieved more or less full employment and, at the same time,
increased the small business sector substantially. There has been a
massive increase in the number of small and medium-sized
enterprisescertainly in my constituency, and throughout the
nation.
If
there were a functional relationship between the national minimum wage
and levels of employment or the number of people employed in the small
business sector, we would not have expected a time when the national
minimum wage increased beyond inflation. We would not have expected
both an increase in the number of SMEs and an increase in the level of
employment. Simply because we are hitting a moment of economic
turbulence that will affect the poorest peoplethose on the
national minimum wage and perhaps at other levels of
employmentit would be wrong to deny the lack of a causal
relationship between the level of the national minimum wage on the one
hand, and the level of employment on the
other.