Shops (Amendment) Bill (Hansard, 22 January 1992)

§ Mr. Ray Powell (Ogmore)
I beg to move, That leave be given to bring in a Bill to provide for certain descriptions of shops in England and Wales to be open for trade on Sunday, subject to their being registered with the local authority; to impose a general prohibition on the opening on Sunday of other shops, extending this prohibition to certain business premises which on week-days are open for the service of customers; to provide protection for persons employed in or for the purposes of a shop which is, or is to be, registered for Sunday opening, where they have conscientious or other objections to working on Sunday; to make consequential and other repeals in the Shops Act 1950; and for connected purposes.
Seldom has the time been more appropriate or the need more urgent for a Bill of this kind. You, Mr. Speaker—indeed, the whole House—will know that the Archbishop of Canterbury, the Cardinal Archbishop of Westminster, the Moderator of the Free Church Federal Council and the Chief Rabbi drew the Prime Minister's attention to the pre-Christmas law-breaking, which they said will determine the institution of a nationally observed day in the week substantially set apart for activities which are other than commercial in nature. We believe that all peoples need to have one day in the week which is different, and which provides an opportunity for varied forms of community life and activity. Divine worship is an important but not the only concern here. The progressive abandonment of such a nationally observed day poses a real danger to family life and social relationships and especially to the welfare of many workers in the retail industry. My Bill seeks to address these concerns, which are shared by millions, in a very constructive way and is entirely based on the Keep Sunday Special proposals on rest—meaning recreation, emergencies, social gatherings and travel. I place on record appreciation to David Blackmore and his staff for all their efforts in addressing these problems.
Early-day motion 291, which has been signed by 124 right hon. and hon. Members, illustrates the measure of cross-party support that these proposals have. The economic evidence of the failure of Sunday trading is summarised by the trade magazine Supermarketing, whose latest research shows little evidence that seven-day opening helped to increase overall grocery spending. Instead, market share has been stolen from law-abiding retailers and the smaller shops, many of which have lost and are losing up to 50 per cent. of weekly turnover. Small shops cannot survive for long under these conditions.
The House needs to take note of the fact that, in 1961, there were 147,000 grocery stores in Britain, whereas in 1990 there were just 44,700. Indeed, the trade paper of the independent stores—Independent Grocer—now gives the figure as 41,000. The market share of these stores dropped from more than 50 per cent. in 1961 to less than 12 per cent. last Christmas. On the other hand, the share of the five big superstores rose from 50 per cent. in 1961 to a massive 62 per cent. of this £44 billion sector of the retail industry.
Sunday trading is raising prices and reducing real freedom of choice. The consumer, especially the disadvantaged consumer, is the loser. Losers too are local residents, who have to contend with traffic, noise and litter and all the other types of disturbance. So are the food producers and the transport companies, who face the exercise of near-monopoly market power by over-dependence on the five big supermarket chains.
317 The most telling evidence of all that Sunday trading is a costly mistake, for which the whole nation is paying a heavy price, is not the new year phoney price war by the supermarket chains but their savage attack on the living standards of the employees. I have a copy of a letter from the retail director of Sainsbury's confirming that all staff contracts will "have to be reviewed".
The letter continues: and details will be announced in late January of changes to be made effective from 15 March 1992. I am given to understand that this will apply to Scotland also. There is no doubt that this will mean compulsory Sunday work for little or no premium payment. Such ruthless, unacceptable pressure, which closely follows that already applied by Woolworth's Gateway, Asda and others, is a callous and cruel deception upon thousands of vulnerable, low-paid, mainly part-time and largely female workers and their families.
I have been involved in the retail industry all my life. It is a people business or it is nothing. I have always found the staff honest, trustworthy, intensely loyal and hard-working, generally very tolerant of all extremes of consumer behaviour, and therefore the best asset and advertisement any business can have.
While I am proud to acknowledge my sponsorship by the Union of Shop, Distributive and Allied Workers and my commitment of faith as a Methodist, I address the House today as merely one voice in a large and growing all-party coalition ranging from all the Churches to trade unions and consumer groups, all seeking a genuine consensus solution to the Sunday trading shambles.
Much of the shambles is of the Government's own making, because of their singular inability and unwillingness to enforce the law of the land or to show any real leadership in promoting reform. Instead, they have allowed a small group of directors of retail stores—Woolworth, Sainsbury, Tesco and the like—to dictate a fundamental change in our way of life for their own self-interest and to the benefit of fewer than 5 per cent. of the population.
It is remarkable that our Ministers have failed in their responsibilities, claiming that European Community law prevents them from acting. A fellow member state of the EC, France, is doing just that, however, against Mr. Richard Branson's Virgin plc megastore in Paris, and to the tune of a £100,000 fine. France has also publicly stated that this year it will introduce moderate reforms to its laws on Sunday trading.
It is abundantly clear that in that case it is the Government of France and the National Assembly—not Mr. Branson—who will decide, after consultation with various groups, on the timing and content of the reforms. There will be no waiting for any further decision from the European Court of Justice, which has already ruled three times that the Sunday trading laws of member states are not contrary to article 30 of the treaty of Rome. What an unworthy contrast the relative inactivity of the United Kingdom Government presents.
My Bill is based upon five principles—first, that the reasonable needs of consumers are met; secondly, that employees' rights and freedoms are fully protected and promoted; thirdly, that families and friends are able to spend quality time together; fourthly, that the freedoms of shopowners and local residents are safeguarded; and 318 fifthly, that Sunday is actively promoted as a distinctive special day for rest, recreation and worship, as it is in the remainder of Europe.
My Bill would remove the anomalies and confusions of the 1950 Act. It would update and modernise the law by a type-of-shop approach, not by the use of lists or classes of goods. Local authorities would be asked to administer the scheme for a fee, which would make it self-funding, and with a simple system of registration. There would be a special provision in law for the smaller food and general convenience stores—the lifeblood of many neighbourhoods—to cater for the elderly, the infirm and those without cars who cannot take their custom very far. A clear mechanism of enforcement would be introduced, which would he fair and fully cost-effective.
When the House last debated Sunday trading on 13 December, the Minister of State, Home Office expressed her continuing openness to discussions. She said—I congratulate her on her perseverance: If the solutions of the hon. Member for Ogmore command great support, we will consider them with great interest."—[Official Report, 12 December 1991; Vol. 200, c. 1210.] I therefore remind the House that the proposals in my Bill have the unanimous support of all Churches and denominations in Britain, numerous local authority and local government associations, more than 150 large high street retailers—including more than 50 per cent. of the British Retailers Association —together with companies with household names such as C and A, the Co-op and Iceland. Other companies are broadly in sympathy with the type-of-shop approach in my Bill, including Marks and Spencer, the Sears group, House of Fraser, the John Lewis Partnership, the Burton group, and organisations representing some 10,000 convenience stores. Some 42 trade associations——

§ Mr. Speaker
Order. Will the hon. Gentleman please bring his remarks to a close? He has had 10 minutes.

§ Mr. Powell
We now have the chance to change the law. If the House approves my Bill, it will create an historic opportunity to reform the law, to redeem the authority of Parliament and to satisfy all who genuinely seek consensus change. It is practicable, enforceable, and acceptable to the country at large, and it commands a majority in Parliament. Above all, it meets the needs of a variety of interests and desires on a matter of conscience. This debate relates to the quality of life of millions of people. My Bill gives practical expression to values that are beyond price. I beg to ask leave to present it to the House.

§ Mr. Speaker
Who will prepare and bring in the Bill?

§ Mr. Ray Powell
Mrs. Ann Winterton, Sir Bernard Braine, Sir Patrick Duffy, Mr. Patrick Cormack, Mr. Donald Anderson, Mr. Ivor Stanbrook, Mr. Alun Michael, Mr. Michael Alison, Mr. A. J. Beith, Mr. leuan Wyn Jones, Mr. James Wallace, and myself, Sir.

§ Mr. Speaker
Order. I believe that an hon. Member who voted against the Bill was included amongst the sponsors. In that case, his name will have to be withdrawn as a sponsor of the Bill.
Bill ordered to be brought in by Mr. Ray Powell, Mrs. Ann Winterton, Sir Bernard Braine, Sir Patrick Duffy, Mr. Patrick Cormack, Mr. Donald Anderson, Mr. Ivor Stanbrook, Mr. Michael Alison, Mr. A. J. Beith, Mr. Ieuan Wyn Jones, and Mr. James Wallace.

Division No. 48]	[3.44 pm
AYES
Adams, Mrs Irene (Paisley, N.)	Beith, A. J.
Adley, Robert	Bell, Stuart
Alison, Rt Hon Michael	Benn, Rt Hon Tony
Allen, Graham	Bennett, A. F. (D'nt'n & R'dish)
Alton, David	Benyon, W.
Anderson, Donald	Blunkett, David
Archer, Rt Hon Peter	Boateng, Paul
Arnold, Jacques (Gravesham)	Bowden, Gerald (Dulwich)
Ashton, Joe	Braine, Rt Hon Sir Bernard
Barnes, Harry (Derbyshire NE)	Brown, Nicholas (Newcastle E)
Barron, Kevin	Burns, Simon
Battle, John	Burt, Alistair
Beckett, Margaret	Caborn, Richard
Beggs, Roy	Callaghan, Jim

Campbell, Ron (Blyth Valley)	Jones, Martyn (Clwyd S W)
Canavan, Dennis	Jopling, Rt Hon Michael
Carlile, Alex (Mont'g)	Kaufman, Rt Hon Gerald
Churchill, Mr	Kellett-Bowman, Dame Elaine
Clark, Dr Michael (Rochford)	Kilfedder, James
Clarke, Tom (Monklands W)	Kilfoyle, Peter
Clelland, David	Knight, Dame Jill (Edgbaston)
Conway, Derek	Kumar, Dr. Ashok
Cook, Frank (Stockton N)	Lambie, David
Coombs, Anthony (Wyre F'rest)	Lamond, James
Corbyn, Jeremy	Latham, Michael
Cormack, Patrick	Leadbitter, Ted
Cousins, Jim	Leighton, Ron
Cox, Tom	Lewis, Terry
Crowther, Stan	Livingstone, Ken
Cryer, Bob	Lofthouse, Geoffrey
Cummings, John	Lord, Michael
Cunliffe, Lawrence	Loyden, Eddie
Dalyell, Tam	Luce, Rt Hon Sir Richard
Davis, Terry (B'ham Hodge H'l)	McAvoy, Thomas
Day, Stephen	McCartney, lan
Dickens, Geoffrey	McCrea, Rev William
Dixon, Don	McFall, John
Dobson, Frank	McKay, Allen (Barnsley West)
Dover, Den	McMaster, Gordon
Durant, Sir Anthony	McNair-Wilson, Sir Michael
Eadie, Alexander	McNamara, Kevin
Eastham, Ken	Mcwilliam, John
Edwards, Huw	Madden, Max
Emery, Sir Peter	Mahon, Mrs Alice
Enright, Derek	Marek, Dr John
Ewing, Harry (Falkirk E)	Martin, Michael J. (Springburn)
Fatchett, Derek	Martlew, Eric
Faulds, Andrew	Meacher, Michael
Flannery, Martin	Meale, Alan
Flynn, Paul	Meyer, Sir Anthony
Foot, Rt Hon Michael	Michie, Bill (Sheffield Heeley)
Foster, Derek	Moate, Roger
Foulkes, George	Molyneaud, Rt Hon James
Fry, Peter	Morgan, Rhodri
Gale, Roger	Morley, Elliot
Galloway, George	Morris, Rt Hon J. (Aberavon)
Garrett, John (Norwich South)	Morris, M (N'hampton S)
George, Bruce	Mowlam, Marjorie
Golding, Mrs Llin	Murphy, Paul
Gordon, Mildred	Nellist, Dave
Graham, Thomas	Neubert, Sir Michael
Greenway, Harry (Ealing N)	Nicholson, David (Taunton)
Gregory, Conal	Oakes, Rt Hon Gordon
Griffiths, Peter (Portsmouth N)	O'Brien, William
Griffiths, Win (Bridgend)	Orme, Rt Hon Stanely
Grocott, Bruce	Paisley, Rev lan
Hain, Peter	Parry, Robert
Hannam, Sir John	Patchett, Terry
Hardy, Peter	Pawsey,James
Hargreaves, Ken (Hyndburn)	Pendry, Tom
Harris, David	Pike, Peter L.
Heal, Mrs Sylvia	Porter, David (Waveney)
Higgins, Rt Hon Terence L.	Powell, Ray (Ogmore)
Hinchliffe, David	Primarolo, Dawn
Hind, Kenneth	Quin, Ms Joyce
Hoey, Kate (Vauxhall)	Redmond, Martin
Hogg, N. (C'nauld & Kilsyth)	Rees, Rt Hon Merlyn
Home Robertson, John	Rhodes James, Sir Robert
Hood, Jimmy	Robinson, Geoffrey
Hordern, Sir Peter	Robinson, Peter (Belfast E)
Howarth, George (Knowsley N)	Rogers, Allan
Howell, Rt Hon D. (S'heath)	Ross, William (Londonderry E)
Howell, Ralph (North Norfolk)	Rossi, Sir Hugh
Howells, Dr. Kim (Pontypridd)	Rowlands, Ted
Hoyle, Doug	Ruddock, Joan
Hughes, Robert (Aberdeen N)	Sedgemore, Joan
Hughes, Roy (Newport E)	Sheldon, Rt Hon Robert
Hughes, Simon (Southwark)	Sheldon, Sir William
Illsley, Eric	shersby, Micael
Ingram, Adam	Short, Rt Hon Peter
Janner, Greville	Short, Clare
Jessel, Toby	Skinner, Dennis
Johnson Smith, Sir Geoffrey	Smith, Dennis
Jones, leuan (Ynys Mdn)	Smith, J. P. (Vale of Glam)

Snape, Peter	Vaughan, sir Gerard
Spearing, Nigel	Wallace, James
Speller, Tony	Walley, Joan
Stanbrook, Ivor	Wardell, Gareth (Gower)
Steel, Rt Hon Sir David	Watson, Mike (Glasgow, C)
Steinberg, Gerry	Welsh, Andrew (Angus E)
Stokes, Sir John	Welsh, Michael (Doncaster N)
Stott, Roger	Wigley, Dafydd
Strang, Gavin	Wilkinson, John
Straw, Jack	Williams, Rt Hon Alan
Sumberg, David	Williams, Alan W. (Carm'then)
Summerson, Hugo	Winnick, David
Taylor, Mrs Ann (Dewsbury)	Winterton, Nicholas
Taylor, Rt Hon J. D. (S'ford)	Wise, Mrs Audrey
Taylor, Sir Teddy	Wray, Jimmy
Thompson, Jack (Wansbeck)	Young, David (Bolton SE)
Thompson, Patrick (Norwich N)
Thorne, Neil	Tellers for the Ayes:
Thornton, Malcolm	Mr. Frank Haynes and
Trimble, David	Mr. Jimmy Dunnachie.
NOES
Campbell, Menzies (Fife NE)
Gorman, Mrs Teresa	Tellers for the Noes:
Kirkwood, Archy	Mr. Alun Michael and
Mudd, David	Mr. Dennis Turner.