Why Sunday trading laws must return after the Olympics

We must not surrender every vision we have of a good society to the market.

What was your first time like? Did you enjoy it? No doubt you were nervous but then so was everyone else there, so that presumably made it a bit more exciting. Yes, it was an exquisite moment, for which we all waited so many years: the annoying tannoy wasn’t heard, the doors weren’t locked, and everyone was free to stroll the aisles of Tesco long into the balmy Sunday evening.

When George Osborne announced the "temporary" suspension of Sunday trading laws during the Olympics, there were many, myself included, who thought that temporary was the odd word out in that sentence. Obviously, we shouldn’t prejudge the situation and obviously we have to wait till the figures come out but only the most witless of chancellors would fail to seize every opportunity to drag the nation from the precipice of a triple-dip recession.

No surprise, then, to see City AM editor Allister Heath argue that now is the moment to throw open the doors once and for all or, more substantially, Alex Deane on ConservativeHome making the same case for reasons of economic growth, fairness, personal choice, and employment.

There is much to question in both these arguments. Circumventing Heath’s argument from exaggeration and trivialisation ("contrary to what many killjoys have been predicting over the years, at the time of writing this article, society appeared to have survived") there is Deane’s contention that we need to liberalise the laws because "the British high street is struggling". This does not persuade: deregulating opening hours for out-of-town mega-stores is unlikely to help the high street. Similarly, his claim that "the current rules are unfair… [as] some retailers can remain open while others are forced to close" invites us to imagine that a playing field populated by handful of Gullivers and a myriad of Lilliputians is already, somehow, fair.

Comparably fantastic is Deane’s explanation that Sunday trading rules actually inhibit "family and community activity": "if consumers no longer had to build their weekend schedule around restrictive shopping hours, they would have greater flexibility to engage in a wide range of activities." Build their weekend schedule? Around the fact that they can’t visit Asda at 7pm on a Sunday evening?

The more serious argument is apparently the economic one, of which Heath says, "I have never actually seen a cost-benefit analysis that showed that there would be a negative impact from liberalising retail." Apparently, that is, because it is hard to imagine that either writer would revise their position if the figures showed that liberalisation had but a marginal economic impact. On the contrary, both are clear that there is, for want of a better word, a moral argument at play. "The government should not limit the options of how individuals and families spend their Sundays", writes Deane. "Why not permanently allow consenting adults to shop freely on Sundays?" asks Heath.

Beneath the relatively trivial question of whether a small number of large shops should be able to open for a few extra hours one evening a week, lurks one of the biggest ethical fault lines of our age. For those on one side of this divide, the phrase "consenting adults" acts like a universal acid on any ethical discourse: are they adult? Are they informed? Do they consent? Well, what’s your problem them?

For others, their problem is that "I want" is not a sufficient argument, even when hitched to the tattered, over-used and hopelessly vague harm principle. Most of us are unwilling to embrace the moral relativism that this kind of approach demands. Notions of the good invariably come into play, as even the hardiest of economic libertarians will recognise – witness Professor Michael Sandel asking John Redwood whether he was up for a free market in kidneys.

OK, so perhaps that isn’t the most objective description of this ethical fault line, but that is partly my point. In all serious questions of the just and the good, there is no neutral place to stand. Sunday trading laws come and, I fear, go. But the question beneath them will remain: are we really prepared to surrender every vision we have of a good society to the freedom and alleged fairness of the market?

Sunday trading laws have been suspended for eight weeks during the Olympics and Paralympics. Photograph: Getty Images.

Nick Spencer is director of studies at the think-tank Theos. His book Freedom and Order: History, Politics and the English Bible is published by Hodder & Stoughton

Getty
Show Hide image

After a year of chaos, MPs from all parties are trying to stop an extreme Brexit

The Greens are calling for a cross-party commission on Brexit.

One year ago today, I stood on Westminster Bridge as the sun rose over a changed country. By a narrow margin, on an unexpectedly high turnout, a majority of people in Britain had chosen to leave the EU. It wasn’t easy for those of us on the losing side – especially after such scaremongering from the leaders of the Leave campaign – but 23 June 2016 showed the power of a voting opportunity where every vote counted.

A year on from the vote, and the process is in chaos. Perhaps we shouldn’t be surprised. The Leave campaign deliberately never spelled out any detailed plan for Brexit, and senior figures fought internal battles over which model they preferred. One minute Britain would be like Norway, then we’d be like Canada – and then we’d be unique. After the vote Theresa May promised us a "Red, White and Blue Brexit" – and then her ministers kept threatening the EU with walking away with no deal at all which, in fairness, would be unique(ly) reckless. 

We now have our future being negotiated by a government who have just had their majority wiped out. More than half of voters opted for progressive parties at the last election – yet the people representing us in Brussels are the right-wing hardliners David Davis, Liam Fox and Boris Johnson.

Despite widespread opposition, the government has steadfastly refused to unilaterally guarantee EU citizens their rights. This week it has shown its disregard for the environment as it published a Queen’s Speech with no specific plans for environmental protection in the Brexit process either. 

Amid such chaos there is, however, a glimmer of hope. MPs from all parties are working together to stop an extreme Brexit. Labour’s position seems to be softening, and it looks likely that the Scottish Parliament will have a say on the final deal too. The Democratic Unionist Party is regressive in many ways, but there’s a good chance that the government relying on it will soften Brexit for Northern Ireland, at least because of the DUP's insistence on keeping the border with Ireland open. My amendments to the Queen’s speech to give full rights to EU nationals and create an Environmental Protection Act have cross-party support.

With such political instability here at home – and a growing sense among the public that people deserve a final say on any deal - it seems that everything is up for grabs. The government has no mandate for pushing ahead with an extreme Brexit. As the democratic reformers Unlock Democracy said in a recent report “The failure of any party to gain a majority in the recent election has made the need for an inclusive, consensus based working even more imperative.” The referendum should have been the start of a democratic process, not the end of one.

That’s why Greens are calling for a cross-party commission on Brexit, in order to ensure that voices from across the political spectrum are heard in the process. And it’s why we continue to push for a ratification referendum on the final deal negotiated by the government - we want the whole country to have the last word on this, not just the 650 MPs elected to the Parliament via an extremely unrepresentative electoral system.

No one predicted what would happen over the last year. From the referendum, to Theresa May’s disastrous leadership and a progressive majority at a general election. And no one knows exactly what will happen next. But what’s clear is that people across this country should be at the centre of the coming debate over our future – it can’t be stitched up behind closed doors by ministers without a mandate.

Caroline Lucas is the MP for Brighton Pavilion.

0800 7318496