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

Shazia Awan
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I'm a Welsh Asian - so why doesn't the Welsh Assembly have a box for me to tick?

A bureaucrat's form clumsily equates being Welsh with being White. 

As someone born in Caerphilly, who grew up in Wales, and is learning Welsh, I feel nothing but Welsh. I am a proud Welsh Asian – and yet the Welsh Assembly appear to be telling me and many like me that that’s not an option.

An equalities form issued in Wales, by the Welsh Assembly, that does not have an option to identify as non-white and Welsh. What kind of message does this send, especially at a time of public worries about integration? Sadly, I am not so surprised at this from an institution which, despite a 17-year history, seems to still struggle with the very basics of equality and diversity.
 
By the omission of options to identify as Welsh and Asian, Welsh and black, Welsh and mixed heritage (I could go on), the Welsh Assembly's form has told us something wider about the institutional perception of our diverse communities in Wales. There are options on the form for "Asian or Asian British Indian" and "Black or Black British Caribbean", to give but two examples. And also for "White British", "White Irish" and "White Welsh". But not for "Asian Welsh", or "Black Welsh". Did it not occur to anyone that there was something wrong? 

It seems like a monumental error by the Welsh Assembly Commission, which designed the form, and a telling one at that. 

A predominantly white institution (there are two non-white Assembly members out of 60 and there has never been a female Black, Asian or minority ethnic Assembly member) has dictated which ethnic group is deemed to look Welsh enough to tick their box (for those of us Welsh Asians, it seems the only box to tick is that most Orientalist of descriptions, "Other"). 
 
Over the summer, meanwhile, we saw the First minister of Wales Carwyn Jones rather clumsily assemble his Brexit advisory group. This group was made up of predominantly white, middle aged men, and not a single person from a black, Asian and minority ethnic background. It seems that despite the box ticking exercises, the First Minister is taking advice from his “White Welsh” group. 
 
And it matters. The Welsh Assembly was established with a statutory duty to promote equality in Wales. In June, 17 out of 22 local authority areas in Wales voted Leave. Post-referendum, our proud Welsh BAME communities have been affected by hate crime. The perpetrators wish to draw a distinction between "them" and "us". Our national parliament is doing nothing to challenge such a distinction. Does it really think there are no non-white Welsh people in Wales? 

In Wales, we have a huge sense of overwhelming pride in what it means to be Welsh, from pride in our rugby and football teams, our language, to our food and our culture. Many friends over the years from different backgrounds have come to Wales to either study or work, fallen in love with our country and chosen to make it their home. They identify as Welsh. The thing about those of us who are Welsh and proud is that we understand that we are stronger in our diversity and stronger together as a Welsh nation. It’s a shame that our Welsh Assembly is not operating with that same sense of understanding that we have in our communities in Wales. 
 
No doubt the nameless form creator simply copied a format seen elsewhere, and would argue the omission is not their fault. Yet in these tense times, such an omission seems to arrogantly suggest Welsh is something exclusively White. 
 
The Welsh Assembly has a long way to travel on the road to creating a fairer society. From these kind of blunders, it seems clear that it is not even off the starting line. 
 
Shazia Awan is an equality activist and Consultant advising on equality and diversity issues. She is launching Women Create, a social enterprise to help women and young people from disadvantaged backgrounds into enterprise and employment. She  is Vice President of the Council for Voluntary Youth Services in Wales, is an Ambassador to Show Racism the Red Card and she was the first Asian woman to address a Welsh Tory party conference. 

 

Shazia Awan is an equality activist. She is launching Women Create, a social enterprise to help women and young people from disadvantaged backgrounds into enterprise and employment. She is Vice President of the Council for Voluntary Youth Services in Wales and she was the first Asian woman to address a Welsh Tory party conference. You can follow her @shaziaawan.