Clause 1 - Prohibition of opening of large shops on Christmas Day

Part of Christmas Day (Trading) Bill – in a Public Bill Committee at 2:30 pm on 12 May 2004.

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Photo of Kevan Jones Kevan Jones Labour, North Durham 2:30, 12 May 2004

I thank colleagues from all parties who have supported the Bill to this stage. It has widespread support not only in the country, but from Churches and the trade union movement. I pay respect to USDAW—the Union of Shop, Distributive and Allied Workers—which has campaigned long and hard for the Bill.

Clause 1 would limit and prevent large shops from opening on Christmas day. The Bill is simple in so far as it has five clauses. It deals with a loophole in the Sunday Trading Act 1994. Although I was not in the House when that was passed, after speaking to colleagues from all parties, I think that most people thought that Christmas day was covered by that Act. It clearly is not, unless it falls on a Sunday.

Schedule 1 of the 1994 Act defines a large shop as being of more than 280 sq m—or for the old-fashioned or Eurosceptic among us, 3,000 sq ft. The Bill's intention is not to restrict small shops from opening, many of which perform a valuable community role and are run largely by families. It is to prevent the spread of trading on Christmas day, which should be a family day and respected and cherished by all in the community.

As I said, the Bill is based on the 1994 Act, which has exemptions. It would be silly to try to reinvent the list of exemptions in that Act, so the Bill largely refers to that legislation. For clarification, however, certain shops are exempted from the provisions. They include farm shops, which are very popular in rural areas, and motor cycle suppliers and cycle shops—although I am not sure not what demand there is for them on Christmas day. Stands for exhibitions are exempted—although even the die-hards among would find it hard to go to an exhibition of Christmas day. Another important exemption is pharmacies, which dispense medicine when people clearly need it. Other exemptions are airport shops, railway stations, and shops serving ocean-going ships—obviously, of vital importance to people leaving on Christmas day. Shops attached to petrol stations and other service stations are also exempt.

The Bill's purpose is to restrict large shops from opening on Christmas day. Under the clause, there is a maximum fine of £50,000, as per the 1994 Act, for those who do not comply with the legislation.

The intention is not to penalise those people who want to work on Christmas day, but to preserve the special nature of the day. As I have said, the Bill has widespread support in the House and the country. It clearly corrects a mistake in the 1994 Act. When we pass laws in this place, even the most assiduous among us do not always spot the implications of everything that we do. I hope that the Bill becomes law, and that we can cherish and protect that special day, Christmas day, not just for those who work in the retail industry but for those who live near large retail outlets and want one peaceful and quiet day of the year.