Results 12121–12140 of 12211 for speaker:Philip Hammond

Orders of the Day — National Minimum Wage Bill: Information Obtained by Officers (9 Mar 1998)

Philip Hammond: Will the hon. Lady give way?

Orders of the Day — National Minimum Wage Bill: Information Obtained by Officers (9 Mar 1998)

Philip Hammond: I have listened carefully to my hon. Friend's argument. It is a question not only of the Government Department, other relevant department or whoever, but whether an injured party would have redress against the recipient who had leaked the information and whether, separately, he would have redress against a Secretary of State who had originally made the information available.

Orders of the Day — National Minimum Wage Bill: Information Obtained by Officers (9 Mar 1998)

Philip Hammond: It occurs to me that, although the new clause creates an absolute prohibition on a party who has received information from the Secretary of State passing it on for purposes other than those relating to the Act, it says nothing about the sanction to which such a person would be subject. Might it not be better if the Secretary of State, when making such information available, entered into a...

Orders of the Day — National Minimum Wage Bill: Information Obtained by Officers (9 Mar 1998)

Philip Hammond: I have been following closely my hon. Friend's interesting and detailed argument; his point may be even stronger than he realises, in that subsection (3) would appear specifically to authorise the Secretary of State to use the information for that purpose, it being a purpose relating to the Act—it does not require the purpose to relate to proceedings or a prosecution under the Act, but...

Orders of the Day — National Minimum Wage Bill: Information Obtained by Officers (9 Mar 1998)

Philip Hammond: Further to the intervention of my hon. Friend the Member for South Cambridgeshire (Mr. Lansley), it strikes me that the information would not even be subject to the limited safeguards of the new clause, because the information would not have been obtained by an officer, but would have come from the officer's own records, which he had created in the course of his duties. Therefore, there would...

Orders of the Day — National Minimum Wage Bill: Information Obtained by Officers (9 Mar 1998)

Philip Hammond: Will my hon. Friend acknowledge that a particular circumstance has been of concern to Conservative Members throughout the Bill's consideration? It would arise when an employer failed to pay any wages and, under the legislation, enforcement proceedings were taken because that failure constituted, as it certainly would, a failure to pay the minimum wage. Failure to pay wages could signal that...

Orders of the Day — National Minimum Wage Bill: Information Obtained by Officers (9 Mar 1998)

Philip Hammond: Many of the points that I wanted to make have already been raised by my hon. Friends, so we shall be able to proceed a little more speedily. However, there are still some outstanding matters that I want to raise. One of the concerns that we expressed in Committee on record keeping and the passage of information related to the lack of symmetry between the requirement on an employer to...

Orders of the Day — National Minimum Wage Bill: Information Obtained by Officers (9 Mar 1998)

Philip Hammond: The possibilities are endless if the intention is that the Secretary of State should become the owner of the information. I accept that it would normally be unexceptionable for the Secretary of State to be the owner of information that his or her officers have gathered, but in this case, as I think the Minister would agree, the information is almost certainly a direct copy from the...

Orders of the Day — National Minimum Wage Bill: Voluntary Workers (9 Mar 1998)

Philip Hammond: Will the Minister give way?

Orders of the Day — National Minimum Wage Bill: Voluntary Workers (9 Mar 1998)

Philip Hammond: I accept what the Minister says about the fixed-profit car scheme. The purpose of including it is that the same mechanism should be used for determining whether any payment has been made that would exclude a worker from the exemption from the national minimum wage. The issue has nothing to do with tax. It is a separate calculation to be carried out under the Bill.

Orders of the Day — National Minimum Wage Bill: Voluntary Workers (9 Mar 1998)

Philip Hammond: In Committee, Opposition Members mentioned volunteers in the public sector—such as classroom assistants in schools and NHS volunteers. Is it not possible that what gave rise to the Minister's train of thought was no more subtle than a telephone call from No. 11 Downing street telling him that he had to include the public sector so as to ensure that there was not a consequent large...

Orders of the Day — National Minimum Wage Bill: Voluntary Workers (9 Mar 1998)

Philip Hammond: There we have it: the Government were not informed or illuminated at all by the debate in Committee, and all their new clauses and amendments would have been tabled anyway.

Orders of the Day — National Minimum Wage Bill: Voluntary Workers (9 Mar 1998)

Philip Hammond: I thank my hon. Friend for that intervention. I believe that he is correct, but I am pleased to note that that reticence has now evaporated, and that we are to consider later an amendment tabled by Government Back Benchers. Notwithstanding the Minister's remarks, new clause 1 is the result of a constructive discussion held in Committee, and, as he said, the issue with which it deals...

Orders of the Day — National Minimum Wage Bill: Voluntary Workers (9 Mar 1998)

Philip Hammond: My hon. Friend is absolutely right. In Standing Committee, he and others of my hon. Friends were able to point to specific examples from within their own constituencies. Later in my speech, I hope to be able to deal with a specific example in my constituency and to ask the Minister to consider a case that I fear would be adversely affected, notwithstanding the fact that the drafting of new...

Orders of the Day — National Minimum Wage Bill: Voluntary Workers (9 Mar 1998)

Philip Hammond: I thank my hon. Friend for his contribution. A significant and growing number of people who may be able to contribute to a worthwhile cause, not just for a couple of years, but on a fairly long-term basis, would be prepared to do so for a wage or remuneration far below what they would be prepared to accept if they were working for a commercial organisation. There may be a blend of motives...

Orders of the Day — National Minimum Wage Bill: Voluntary Workers (9 Mar 1998)

Philip Hammond: My hon. Friend is exactly right. A number of difficulties and potential pitfalls, not least relating to taxation and national insurance, might arise were people tempted to arrange their affairs in a strictly artificial way to deal with the absurd notion that the Government will not allow someone to have a mixed motive in seeking employment or work with a charity. They will not allow the...

Orders of the Day — National Minimum Wage Bill: Voluntary Workers (9 Mar 1998)

Philip Hammond: I shall discuss later the jeopardy in which people will be placed if any sum they receive is considered to be remuneration under the Bill. The results would be dramatic: any money other than subsistence payments and reimbursement of expenses would be subject to the national minimum wage provisions.

Orders of the Day — National Minimum Wage Bill: Voluntary Workers (9 Mar 1998)

Philip Hammond: I thank the hon. Gentleman for that intervention. Such machinery may exist, but the new clause will introduce new machinery. It states: no monetary payments of any description may be made except in respect of expenses— (i) actually incurred…or(ii) reasonably estimated as likely to be…incurred". One of our concerns is that payments may not be made entirely and exclusively in...

Orders of the Day — National Minimum Wage Bill: Voluntary Workers (9 Mar 1998)

Philip Hammond: My hon. Friend is right: the cost, inconvenience and embarrassment may be significant. How will organisations that are affected as "employers" react to the jeopardy in which the new clause will place them?

Orders of the Day — National Minimum Wage Bill: Voluntary Workers (9 Mar 1998)

Philip Hammond: My hon. Friend is absolutely right, and I assure him that I had not failed to take account of the significance of our hon. Friend's intervention. In anticipation of problems, charitable employers and voluntary organisations that employ people under arrangements that leave in doubt those employees' status as volunteers under the Bill might dispense with their services and immediately make the...


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