Connect with us

Published

on

The government has announced plans to reinstate EU equality laws before they expire at the end of the year – admitting the move is required to avoid a “clear gap in protections” for workers.

Ministers will today lay a statutory instrument intended to “enshrine” key rights and principles derived from the European Union into British law.

Politics Live: Braverman is ‘dangerous’ and ‘divisive’, ex-Tory minister tells Sophy Ridge

It follows questions over whether some employment protections related to things like equal pay and maternity leave would be scrapped from January when The Retained EU Law (Revocation and Reform) Bill comes into effect.

The controversial legislation – also known as the “Brexit Freedoms Bill” – will dispense with hundreds of Brussels-derived laws still on British statue books. It will also end the supremacy of EU law over UK law, erasing previous case law principles.

Trade unions and employment lawyers had warned this would create uncertainty over key protections for British workers which derive from the EU and don’t exist in British law.

The government said its update today means “that necessary protections are clearly stated in our domestic legislation”.

One legal expert welcomed the announcement – but said it raised “legitimate questions” around what gains had been made from post-Brexit sovereignty if EU laws are simply going to be replicated.

The protections being retained include the “single-source” test, which gives women the right to equal pay with men for doing work of equal value, and preventing women from experiencing less favourable treatment at work because they are breastfeeding.

Other laws being retained include:

• Protecting women from unfavourable treatment after they return from maternity leave, where that treatment is in connection with a pregnancy or a pregnancy-related illness occurring before their return;

• Ensuring that women can continue to receive special treatment from their employer in connection with maternity, for example through enhanced occupational maternity schemes;

• Confirming that the definition of disability in the context of employment will explicitly cover working life;

• Holding employers accountable if they create or allow discriminatory recruitment conditions, such as if they make public discriminatory statements about access to employment in their organisation;

• Providing explicit protections from indirect discrimination by association, so that those who may be caught up and disadvantaged by discrimination against others are also protected.

The move could risk angering Eurosceptic Tories, who want to see the UK move away from the EU’s influence.

Max Winthrop, the chair of the Law Society’s Employment Law Committee, welcomed the clarification that vital rights “would not be for the legislative dustbin as of December 31st”.

Click to subscribe to Politics at Jack and Sam’s wherever you get your podcasts

However, he said the move does raise “legitimate questions” about the point of Brexit, from a sovereignty standpoint.

“When we are effectively replicating legislation from the EU, and I can understand why the government have done that because it would not be particularly popular to say ‘let’s scrap maternity rights’, it does leave the big question as to what exactly is it that we’ve gained from leaving the EU,” he told Sky News.

“We haven’t gained what was sometimes referred to as the Singapore-on-the-Thames approach. In other words, to deregulate the marketplace. So you then have to ask yourself the question, is the loss of seamless trade throughout the European Economic Area really worth the cattle?”.

He added that the announcement shows why the original plan to scrap all remaining EU laws by the end of this year “would have probably been disastrous”.

“It shows the complexity of junking 40 years worth of (EU) legislation, and the sorts of steps we’ve had to go through to maintain the protections that a lot of people probably thought they already had.”

The Retained EU Law (Revocation and Reform) Bill was originally intended to scrap all EU-era laws which were kept in place after the Brexit transition period in order to minimise disruption to businesses.

But the promised bonfire of Brussels rules and regulations was dramatically scaled-back in May, with less than 600 now set to be junked by the end of this year.

Please use Chrome browser for a more accessible video player

Kemi Badenoch was told off in the House of Commons by the Speaker of the House

Business Secretary Kemi Badenoch said the change was necessary because of the “risks of legal uncertainty” caused by automatically scrapping some 4,000 laws, but there was significant backlash from within the Conservative Party, with arch-Brexiteer Jacob Rees-Mogg accusing the prime minister of “behaving like a Borgia”.

Notes accidently left on the press release announcing today’s measures suggest some concern that retaining the protections could rile up the right wing of the party.

The notes discussed how to answer questions about why the government isn’t scrapping the protections, and whether maintaining discrimination laws would threaten free speech and “make businesses feel they must follow the woke agenda”.

Read more:
Government to unveil plans centred around criminal justice
Hard to see how Rishi Sunak’s first King’s Speech won’t be his last

The document stresses that if the EU laws aren’t retained, “employers would in some circumstances be able to make statements, for example, that they wouldn’t hire people because they are black. That is not right and not in line with Britain’s proud history of equality and fair play”.

“We are only restating laws where there would otherwise be a clear gap in protections: this is an area where we think the law needs to be strong and clear,” the document says.

A government spokesperson said: “We are committed to ensuring that the fundamental rights and freedoms of people in the United Kingdom remain protected.

“Our work is ensuring that necessary protections are retained and will end the inherent uncertainty of relying on judicial interpretations of EU law.

“Today’s update will ensure that Great Britain maintains its proud history of equality and that necessary protections are clearly stated in our domestic legislation.”

King’s Speech live: Watch our special programme on Sky News, hosted by Sophy Ridge, from 10.30am on Tuesday. You will also be able to follow the event live via the Politics Hub on the Sky News app and website.

Continue Reading

Politics

US eyes quantum computing investments amid rising national security stakes

Published

on

By

US eyes quantum computing investments amid rising national security stakes

US eyes quantum computing investments amid rising national security stakes

Washington is considering direct investments in US quantum computing companies as it seeks to keep pace with China’s tech capabilities.

Continue Reading

Politics

Despite gov’t shutdown, crypto market structure bill ‘90% there’ — Coinbase CEO

Published

on

By

Despite gov’t shutdown, crypto market structure bill ‘90% there’ — Coinbase CEO

Despite gov’t shutdown, crypto market structure bill ‘90% there’ — Coinbase CEO

The remaining “10%” of issues center mainly on DeFi, which Brian Armstrong says lawmakers are addressing carefully to preserve innovation.

Continue Reading

Politics

PM has ‘confidence’ in Jess Phillips after grooming survivors demanded her resignation

Published

on

By

PM has 'confidence' in Jess Phillips after grooming survivors demanded her resignation

Sir Keir Starmer has backed his under-fire safeguarding minister to continue leading the government’s efforts to set up a national inquiry into grooming gangs after four survivors demanded her resignation.

The prime minister said on Thursday that Jess Phillips has “devoted vast parts of her life and career” to tackling violence against women and girls, and has “confidence in her”, despite the turmoil that has beset the process.

All four survivors who quit the government’s grooming gangs inquiry panel said they will consider returning to the process if Ms Phillips resigns.

Politics latest: ‘Progress’ that returning small boat migrant was identified

However, five other survivors on the panel have written to Sir Keir to say they will only stay if Ms Phillips remains.

They said she had remained impartial, had listened to feedback and her previous experience to reduce violence against women and girls and her “clear passion and commitment is important to us”.

In contrast to the four who have quit, who accused Ms Phillips of trying to expand the inquiry’s scope beyond grooming gangs, the five said it needs to be widened to focus on child sexual exploitation as a whole to ensure survivors who do not fit “the generalised stereotype” are not excluded.

More on Grooming Gangs

In response to the demand for Ms Phillips to quit, Sir Keir said: “The safeguarding minister has huge experience in issues relating to violence against women and girls. She’s devoted vast parts of her life and career to that, and so I do have confidence in her and Louise Casey in leading this project.”

Speaking to ITV Meridian, the prime minister also sought to reassure the victims of grooming, saying: “It’s really important that the national inquiry gets to the truth. All survivors deserve answers to their questions.”

“It is very important that I say to all survivors that I give my personal assurance that this inquiry will go wherever it needs to go, the scope will not be changed.”

It is understood Downing Street has reached out to the four survivors who quit the government’s process this week.

Please use Chrome browser for a more accessible video player

Starmer defended Phillips at PMQs on Wednesday

Samantha, one of the survivors who wrote the letter saying they would only stay if Ms Phillips remains, told Sky News: “We shouldn’t be falling apart right now, we should be working together.

“Jess has only ever been fair and honest with us, she’s told us as much as she possibly can within her capacity.

“She’s provided a lot of support over the phone and in-person to a lot of us survivors behind the scenes, which people don’t see about Jess.

“So I do still want her to be part of this inquiry up until the end.”

A government source told Sky News the government will be talking to all survivors on the panel about their concerns and opinions on the type of person they want to chair the inquiry, after the leading candidate dropped out following concerns from survivors over his background as a police officer.

The government will move as fast as possible, they said, but it will likely take months to appoint the right chair.

Why four survivors quit the inquiry

The four women who resigned this week expressed concerns about how the process of selecting a chair and setting the terms of reference of the national inquiry into grooming gangs is being run.

They wrote on Wednesday to Home Secretary Shabana Mahmood, calling for Ms Phillips to step down and all survivors to be consulted on appointing a senior judge as chair with no major conflicts of interest.

Ms Phillips told parliament on Tuesday that suggestions that the scope of the inquiry was to be expanded from just grooming gangs were “categorically untrue”.

But leaked consultation documents and texts between the safeguarding minister and survivor Fiona Goddard show the survivors’ concerns that the scope would be expanded were valid.

Please use Chrome browser for a more accessible video player

Shadow Housing Secretary Sir James Cleverly told Sky News that he can’t see how Jess Phillips can stay in post

The survivors’ letter says: “Being publicly contradicted and dismissed by a government minister when you are a survivor telling the truth takes you right back to that feeling of not being believed all over again.

“It is a betrayal that has destroyed what little trust remained.”

They have demanded that the scope of the inquiry remain “laser-focused” on grooming gangs and called for victims to be free to speak to support networks without fear of reprisal.

Fiona Goddard and Kemi Badenoch speaking during a press conference earlier this year
Pic PA
Image:
Fiona Goddard and Kemi Badenoch speaking during a press conference earlier this year
Pic PA

The letter to Ms Mahmood says: “Her [Ms Phillips’] conduct over the last week has shown she is unfit to oversee a process that requires survivors to trust the government. Her departure would signal you are serious about accountability and changing direction.”

The survivors describe their demands as “the absolute bare minimum for survivors to trust that this inquiry will be different from every other process that has let us down”.

Please use Chrome browser for a more accessible video player

Minister for Children and Families, Josh MacAlister told Sky News Jess Phillips will not be resigning

Frontrunner quits over ‘toxicity’

The letter was sent hours after one of the frontrunners to become chair of the inquiry withdrew, blaming “vested interests” and “political opportunism and point-scoring”.

Ex-police chief and child protection specialist Jim Gamble told the home secretary in a letter there was a “highly charged and toxic environment” around the appointment process and victims “deserve better”.

The other, Annie Hudson, a former social worker, said earlier this week she no longer wanted to be considered after intense media coverage.

Please use Chrome browser for a more accessible video player

‘Everyone should park their interests’

The prime minister launched the inquiry into grooming gangs after an audit by Baroness Louise Casey showed the scale of the problem.

It is understood that the government is exploring a range of other candidates and will provide an update in due course.

A Home Office spokesperson said: “The grooming gang scandal was one of the darkest moments in this country’s history.

“That is why this government is committed to a full, statutory, national inquiry to uncover the truth. It is the very least that the victims of these hideous crimes deserve.

“We are disappointed that candidates to chair that inquiry have withdrawn. This is an extremely sensitive topic, and we have to take the time to appoint the best person suitable for the role.

“The home secretary has been clear – there will be no hiding place for those who abused the most vulnerable in our society.”

Continue Reading

Trending