Government faces fresh calls for freelance commissioner – Arts Professional

The government is facing fresh calls for the appointment of a freelance commissioner, with a number of peers backing the establishment of the role.

During a House of Lords debate on the Employment Rights Bill held yesterday (16 June), the majority of life peers that spoke voiced their support for a government-appointed representative for freelancers, which has been proposed as an amendment to the legislation.

Supporters of the freelance commissioner role envisage the appointment would work with cross-departmental oversight and alongside industry, unions and other stakeholders to advocate in the interest of freelancers.

In response to the proposal, government minister Lord Katz did not mention the commissioner role directly, instead assuring life peers in attendance that the government has “committed to additional measures to strengthen protections for the self-employed”.

Katz pointed to a package of measures designed to tackle late payments to small businesses and the self-employed, including a new fair payment code, before adding that upcoming legislation will require large companies to include payment performance in their annual reports. He also mentioned an upcoming consultation on “potential measures to go further”.

“Other measures to strengthen protections for the self-employed include the right to a written contract, an extension of health and safety and blacklisting protections,” Katz concluded.

When asked by Liberal Democrat Lord Tim Clement-Jones if the government will consider the appointment of a freelance commissioner, as recommended by the Good Work Review, Katz said he was unable to recall the exact terms of the review and will write to him with more detail. 

The minister added that he “was certainly happy to reflect that there was cross-party agreement” on amending the Employment Rights Bill to better support freelancers.

Freelance commissioner ‘ever more critical’

Nicholas Trench, The Earl of Clancarty, who first tabled the amendment pointed out that it has been two years since the House of Lords last debated the appointment of a freelance commissioner.

“The arguments put forward then still hold, and, indeed, feel even more relevant today,” he said.

“The one major difference between then and now is that only a single reference was made to the concerns of AI and copyright [two years ago], such has been the rapidity with which the threat to copyright held by the self-employed has come upon us.”

Trench added that it is becoming “ever more critical” that a freelance commissioner look at income and wages, as well as late payments.

“In tabling this amendment, I am not proselytising for the self-employed but asking the government to consider the reality of the existence of this workforce,” he continued.

“A dedicated commissioner would help to ensure that upcoming employment reforms are fit not only for more traditional forms of employment but for the self-employed and freelance workforce, who are critical to our economy and the interdependent ecosystem of the creative industries.”

Clement-Jones, Viscount Charles Colville of Culross, Baroness Dinah Caine of Kentish Town, Baroness Natalie Bennett of Manor Castle and Lord Andrew Sharpe of Epsom were among the speakers in yesterday’s debate who also put their names to calls for a freelance commissioner. 

Freelancers ‘not as valued as they should be’

Cross bench peer Lord Richard Londesborough argued for an independent commissioner for the self-employed, noting that there are 4.2m self-employed people, including freelancers, across the UK.

He added this number will continue to grow amid the impact of technology, digital communications, AI and working from home practices.

“I accept that freelancers and the self-employed are not as valued or appreciated by governments of all parties as they should be. This was brutally exposed during the pandemic with furlough and other schemes” Londesborough said.

“If we want to develop a proper entrepreneurial spirit and environment in this country, we should do much more to value and look after those who create their own jobs and face up to all the risks and jeopardy that that involves.”

Organisations including the Design and Artists Copyright Society, The Independent Society of Musicians, Creative UK and BECTU are among those that have backed the establishment of a freelance commissioner.

The cross-party Culture, Media and Sport Committee has also recommended the role be established, alongside scores of artists working across the industry.