The Lib Dems' attack on workers' rights is a betrayal of their history

The tragic irony of Lloyd George’s successors pushing through regressive Conservative legislation.

You don’t have to look too hard at the record of this Conservative-led government to find examples where right-wing ideology and purblind prejudice have trumped reason and evidence in the formation of policy. Dismantling our National Health Service through financial competition, when all experts favour closer integration and collaboration, is one glaring and destructive example. Another is the crumbling foundation stone on which the government’s failing economic strategy is based: that public sector cuts will incentivise investment by the private sector. Seven hundred billion pounds of capital and assets hoarded in banks and corporate balance sheets is one evidence-based yardstick by which we might measure the margin of error of that call, though a more human scale might index the months of misery endured by the young unemployed of Britain as they wait for an upturn in our economic fortunes. However, I’m tempted to suggest that the most egregious example came yesterday, when Jo Swinson, the Liberal Democrat minister for employment relations, announced that she was cutting the minimum notice period employers have to give before making large-scale job cuts from 90 to 45 days.

This idea was first floated earlier in the year by Conservative donor Adrian Beecroft, in his slash and burn report on employment law. Beecroft infamously concluded that "employment law and regulation impedes the search for efficiency and competitiveness" and suggested that long established protections against unfair dismissal should be scrapped, parental leave and flexible working curtailed, pension rights reduced or removed altogether for employees in firms with just five workers, gangmaster licensing repealed, TUPE rules hobbled and the Agency Workers Directive dumped. Rather than recoiling from this shameful list, Tory minister Mark Prisk boasted that 17 of the 23 recommendations were already being implemented, though Vince Cable sounded a note of sanity in declaring it "complete nonsense to think that if labour rights were stripped down to the most basic minimum, employers would start hiring and the economy would soar again."

The Business Secretary pointed to evidence that Britain already has one of the most flexible labour markets in the developed world, a fact borne out by the OECD’s assessment of employment protection, which shows that British workers enjoy significantly fewer rights and statutory protections than their international counterparts.

Employment Protection in 2008 in OECD and selected non-OECD countries*

Scale from 0 (least stringent) to 6 (most restrictive)

And perhaps the Business Secretary’s influence can be seen in today’s decision to implement Beecroft’s recommendation on cutting the 90 day rule, insofar as the BIS Impact Assessment does concede that Britain has "one of the most flexible labour markets in the world according to the OECD’s employment protection index." However, Cable’s writ clearly doesn’t run too far, certainly not far enough to head off Tory-led determination to curtail workers’ rights. And thus the same Impact Assessment finds a way past the evidence to conclude (without supporting data of any kind) that "the UK performs relatively less well on the component of that (OECD) index that relates to collective redundancies and there may be room for greater flexibility here."

That greater flexibility entails making it easier and cheaper for employers to sack workers in batches of a hundred or more, by reducing the notice period, and thus the amount of time employers have to pay workers whom they intend to fire, to 45 days. This, like Beecroft’s other recommendations, is meant to "promote growth". But read the report in fine detail and you will struggle to find any empiric or even consistent anecdotal evidence to support this conclusion, as even BIS concludes the data is mixed:

Some UK employers have argued that the current regime for collective redundancy consultation is harming their competitiveness on a global level. They state that it is much quicker to restructure in other, competitor, nations, both within the EU and beyond. However, further discussion in focus groups with employers suggests this is not a universal view, and that in fact many view the process as easier in the UK than the rest of the EU.

Er, so which is it? They don’t say. But as someone who has worked for multinational companies with operations in counties across the world, I can tell them for free that everyone knows it’s far easier to lay people off here than it is in France or Germany, Belgium or Italy. In fact, as the OECD says, it’s easier here than just about anywhere apart from the US. And thus the only thing than can explain this change is not evidence, but ignorant prejudice: they think they know in their guts that British workers are a drag on our economy – amongst the most idle in the world, as another Tory publication recently described them – and that transferring yet more powers from labour to capital, from workers to corporations, will shake them up and render more dynamic our failing economy.

So, there you have it: another triumph of ideology over evidence for Tories who are determined to drive through every last post-Thatcherite prejudice they stored up and brooded on during their time out of office. For me, as a Welshman, the tragic irony of Lloyd George’s successors pushing through such regressive Tory legislation is rich indeed. Do Swinson and Cable not recall with pride that theirs was the party that first introduced unemployment insurance or the Whitley Councils on employment relations? Can they really say they are equally proud, almost a century later, to now be reducing workers' rights? The Welsh Wizard must be spinning in his Gwynedd grave.

Business Secretary Vince Cable with employment relations minister Jo Swinson. Photograph: Getty Images.

Owen Smith is a Labour leadership candidate and MP for Pontypridd. 

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Who is the EU's chief Brexit negotiator Michel Barnier?

The former French foreign minister has shown signs that he will play hardball in negotiations.

The European Commission’s chief Brexit negotiator today set an October 2018 deadline for the terms of Britain’s divorce from the European Union to be agreed. Michel Barnier gave his first press conference since being appointed to head up what will be tough talks between the EU and UK.

Speaking in Brussels, he warned that UK-EU relations had entered “uncharted waters”. He used the conference to effectively shorten the time period for negotiations under Article 50 of the Lisbon Treaty, the legal process to take Britain out of the EU. The article sets out a two year period for a country to leave the bloc.

But Barnier, 65, warned that the period of actual negotiations would be shorter than two years and there would be less than 18 months to agree Brexit.  If the terms were set in October 2018, there would be five months for the European Parliament, European Council and UK Parliament to approve the deal before a March 2019 Brexit.

But who is the urbane Frenchman who was handpicked by Commission President Jean-Claude Juncker to steer the talks?

A centre-right career politician, Barnier is a member of the pan-EU European People’s Party, like Juncker and German Chancellor Angela Merkel.

A committed European and architect of closer eurozone banking integration, Barnier rose to prominence after being elected aged just 27 to the French National Assembly.  He is notorious in Brussels for his repeated references to the 1992 Winter Olympics he organised in Albertville with triple Olympic ski champion Jean-Claude Killy.

He first joined the French cabinet in 1993 as minister of the environment. In 1995, Jacques Chirac made him Secretary of State for European Affairs, teeing up a long and close relationship with Brussels.

Barnier has twice served as France’s European Commissioner, under the administrations of Romano Prodi and José Manuel BarrosoMost recently he was serving as an unpaid special advisor on European Defence Policy to Juncker until the former prime minister of Luxembourg made him Brexit boss.“I wanted an experienced politician for this difficult job,” Juncker said at the time of Barnier, who has supported moves towards an EU army.

 

Barnier and the Brits

Barnier’s appointment was controversial. Under Barroso, he was Internal Market commissioner. Responsible for financial services legislation at the height of the crisis, he clashed with the City of London.

During this period he was memorably described as a man who, in a hall of mirrors, would stop and check his reflection in every one.

Although his battles with London’s bankers were often exaggerated, the choice of Barnier was described as an “act of war” by some British journalists and was greeted with undisguised glee by Brussels europhiles.

Barnier moved to calm those fears today. At the press conference, he said, “I was 20 years old, a very long time ago, when I voted for the first time and it was in the French referendum on the accession of the UK to the EU.

“That time I campaigned for a yes vote. And I still think today that I made right choice.”

But Barnier, seen by some as aloof and arrogant, also showed a mischievous side.  It was reported during Theresa May’s first visit to Brussels as prime minister that he was demanding that all the Brexit talks be conducted in French.

While Barnier does speak English, he is far more comfortable talking in his native French. But the story, since denied, was seen as a snub to the notoriously monolingual Brits.

The long lens photo of a British Brexit strategy note that warned the EU team was “very French” may also have been on his mind as he took the podium in Brussels today.

Barnier asked, “In French or in English?” to laughter from the press.

He switched between English and French in his opening remarks but only answered questions in French, using translation to ensure he understood the questions.

Since his appointment Barnier has posted a series of tweets which could be seen as poking fun at Brexit. On a tour of Croatia to discuss the negotiations, he posed outside Zagreb’s Museum of Broken Relationships asking, “Guess where we are today?”

 

 

He also tweeted a picture of himself drinking prosecco after Boris Johnson sparked ridicule by telling an Italian economics minister his country would have to offer the UK tariff-free trade to sell the drink in Britain.

But Barnier can also be tough. He forced through laws to regulate every financial sector, 40 pieces of legislation in four years, when he was internal market commissioner, in the face of sustained opposition from industry and some governments.

He warned today, "Being a member of the EU comes with rights and benefits. Third countries [the UK] can never have the same rights and benefits since they are not subject to same obligations.”

On the possibility of Britain curbing free movement of EU citizens and keeping access to the single market, he was unequivocal.

“The single market and four freedoms are indivisible. Cherry-picking is not an option,” he said.

He stressed that his priority in the Brexit negotiations would be the interests of the remaining 27 member states of the European Union, not Britain.

“Unity is the strength of the EU and President Juncker and I are determined to preserve the unity and interest of the EU-27 in the Brexit negotiations.”

In a thinly veiled swipe at the British, again greeted with laughter in the press room, he told reporters, “It is much better to show solidarity than stand alone. I repeat, it is much better to show solidarity than stand alone”.

Referring to the iconic British poster that urged Brits to "Keep Calm and Carry On” during World War Two, he today told reporters, “We are ready. Keep calm and negotiate.”

But Barnier’s calm in the face of the unprecedented challenge to the EU posed by Brexit masks a cold determination to defend the European project at any cost.

James Crisp is the news editor at EurActiv, an online EU news service.