Vince: minister for almost being on the left

The Business Secretary's review of "zero-hours" contracts is hardly distinguishable from Labour policy.

A couple of newspapers have today reported that Vince Cable wants a review of "zero-hours" contracts – a system accused by trade unions (among others) of being exploitative.

Around 200,000 British workers are estimated to be tied into these deals, especially in the fast food and other high street retail sectors, which require a commitment to be available for work without any guarantee of shifts. In other words, you can be on call enough to make it hard to look for or do another job and yet get to the end of the week with barely a penny to show for it.

The TUC has welcomed the new review. It isn’t often that union leaders have kind words for coalition ministers, but then again, this is Vince, Secretary of State for tantalising proximity to the left. The terms of Cable’s investigation aren’t all that different from official Labour policy, which is also to review zero-hours contracts, tighten rules and and clamp down on abuses.

Shadow health secretary Andy Burnham recently told the BBC his party should look at banning the practice (which has its own specific and pernicious impact in the NHS) but Labour sources today confirm that a ban is not the official line. The reservation comes from recognition that at least some employees like the flexibility of a zero-hours deal.

The Business Secretary has also clearly picked up that ambivalence. In parliament today, Cable’s response to a Labour question on zero-hours deals was markedly more neutral than this morning’s newspaper briefings. He would not be drawn on whether they represented healthy flexibility or mean exploitation:

"We do indeed have anecdotes about abusive practices in that area. We also have a lot of other anecdotes to show that the system works very well for a large number of workers and companies. I am not jumping to any conclusions; I am just trying to gather the facts."

Labour people I have spoken to are pointing to that as a retreat from the tougher-sounding headlines. They are keen to raise the question of whether Cable’s intervention represents a new government position or an out-riding Lib Dem position within government – the two aren’t necessarily the same thing. Reviews can be commissioned and come to nought. Recommendations can be implemented or ignored or, indeed, shelved with a view to being inserted in a future party manifesto.

On which subject, some Lib Dems are increasingly of the view that the party can and should show a little more flexibility on economic policy so as not to preclude any future partnership with Labour by marching too briskly to the beat of a Conservative drum. Such "equidistance" has become much more plausible now that Ed Balls has accepted the broad fiscal parameters of austerity into the next parliament. The big argument is shifting away from the question of whether the time is right to impose budget discipline (where the Lib Dems and the Tories are locked in consensus) to questions of how to impose discipline in a way that is fair and protects public services (where there is more room for Lib Dem flirting with the opposition).

Crucial to that conversation will be an argument about the appropriate balance between tax rises and spending cuts and in that debate I gather there is a movement afoot in the Lib Dem ranks to move the party much closer to Labour by supporting a restoration of the top 50p tax rate. There is even talk of formalising that position as early as this year’s annual conference. (Labour has yet to commit to doing the same but, given the fuss the two Eds have made about tax cuts for millionaires, it seems unlikely they will fight an election accepting Osborne’s gift to the rich as a fait accompli.) Labour, meanwhile, has already embraced the mansion tax – a policy very close to Lib Dem hearts.

If Labour has a mansion tax in its manifesto and the Lib Dems have a top rate of 50p and both are committed to cracking down on zero-hours contracts, the first morning of coalition negotiations in a hung parliament will break for an early lunch. 

Business Secretary Vince Cable arrives at 10 Downing Street on May 20, 2010. Photograph: Getty Images.

Rafael Behr is political columnist at the Guardian and former political editor of the New Statesman

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Workers' rights after Brexit? It's radio silence from the Tories

Theresa May promised to protect workers after leaving the EU. 

In her speech on Tuesday, Theresa May repeated her promise to “ensure that workers’ rights are fully protected and maintained".  It left me somewhat confused.

Last Friday, my bill to protect workers’ rights after Brexit was due to be debated and voted on in the House of Commons. Instead I sat and watched several Tory MPs speak about radios for more than four hours.

The Prime Minister and her Brexit Secretary, David Davis, have both previously made a clear promise in their speeches at Conservative Party conference to maintain all existing workers’ rights after Britain has left the European Union. Mr Davis even accused those who warned that workers’ rights may be put at risk of “scaremongering". 

My Bill would simply put the Prime Minister’s promise into law. Despite this fact, Conservative MPs showed their true colours and blocked a vote on it through filibustering - speaking for so long that the time runs out.

This included the following vital pieces of information being shared:

David Nuttall is on his second digital radio, because the first one unfortunately broke; Rebecca Pow really likes elephant garlic (whatever that is); Jo Churchill keeps her radio on a high shelf in the kitchen; and Seema Kennedy likes radio so much, she didn’t even own a television for a long time. The bill they were debating wasn’t opposed by Labour, so they could have stopped and called a vote at any point.

This practice isn’t new, but I was genuinely surprised that the Conservatives decided to block this bill.

There is nothing in my bill which would prevent Britain from leaving the EU.  I’ve already said that when the vote to trigger Article 50 comes to Parliament, I will vote for it. There is also nothing in the bill which would soften Brexit by keeping us tied to the EU. While I would personally like to see rights in the workplace expanded and enhanced, I limited the bill to simply maintaining what is currently in place, in order to make it as agreeable as possible.

So how can Theresa May's words be reconciled with the actions of her backbenchers on Friday? Well, just like when Lionel Hutz explains to Marge in the Simpsons that "there's the truth, and the truth", there are varying degrees to which the government can "protect workers' rights".

Brexit poses three immediate risks:

First, if the government were to repeal the European Communities Act without replacing it, all rights introduced to the UK through that piece of legislation would fall away, including parental leave, the working time directive, and equal rights for part-time and agency workers. The government’s Great Repeal Bill will prevent this from happening, so in that sense they will be "protecting workers’ rights".

However, the House of Commons Library has said that the Great Repeal Bill will leave those rights in secondary legislation, rather than primary legislation. While Britain is a member of the EU, there is only ever scope to enhance and extend rights over and above what had been agreed at a European level. After Brexit, without the floor of minimum rights currently provided by the EU, any future government could easily chip away at these protections, without even the need for a vote in Parliament, through what’s called a "statutory instrument". It will leave workers’ rights hanging by a thread.

The final change that could occur after we have left the EU is European Court rulings no longer applying in this country. There are a huge number of rulings which have furthered rights and increased wages for British workers - from care workers who do sleep-in shifts being paid for the full shift, not just the hours they’re awake; to mobile workers being granted the right to be paid for their travel time. These rulings may no longer have legal basis in Britain after we’ve left. 

My bill would have protected rights against all three of these risks. The government have thus far only said how they will protect against the first.

We know that May opposed the introduction of many of these rights as a backbencher and shadow minister; and that several of her Cabinet ministers have spoken about their desire to reduce employment protections, one even calling for them to be halved last year. The government has even announced it is looking at removing the right to strike from transport workers, which would contradict their May’s promise to protect workers’ rights before we’ve even left the EU.

The reality is that the Conservatives have spent the last six years reducing people’s rights at work - from introducing employment tribunal fees which are a barrier to justice for many, to their attack on workers’ ability to organise in the Trade Union Act. A few lines in May’s speech doesn’t undo the scepticism working people have about the Tories' intentions in this area. Until she puts her money where her mouth is, nor should they. 

Melanie Onn is the Labour MP for Great Grimsby.