Trade Union Bill

Baroness Janke Excerpts

Monday 11th January 2016 Lords Chamber

[Baroness Janke (LD)]

My Lords, I speak as the former leader of a city council which has a history of good working relationships with public sector unions. Colleagues and I worked in partnership with the trade unions throughout a period of fundamental change in local government in Bristol—it is good to hear so many people from Bristol here today. We found it essential that unions represented their workers, particularly when their jobs and working conditions were affected by major change, but also in enabling affected members of the public to understand the impact of such change on their lives. We may have had disagreements but the freedom to negotiate and agree matters locally was both essential and beneficial.

For example, I and colleagues found that when it was necessary to introduce changes in sensitive services in the city, such as how care and respite services were provided, it was absolutely essential to work in partnership with the trade unions for the reassurance of workers and care users, as well as their relatives. When this happened in the past without this level of partnership and joint working, the disruption, stress and anxiety suffered by the most vulnerable people has been intense. We also found that in the introduction of new working practices, whether on single status or flexible working, the trade unions provided explanation, education and, often, innovation in taking them forward on an agreed basis.

The recent cuts to major services in local government have affected the most vulnerable, whether workers or members of the public. Partnership with the unions has provided insight and understanding among those affected and has often led to ideas for improvements and alternative ways of providing services. We found that discussing and thrashing out issues at local level, even if it took some time, led to better decisions and that local discretion led to much better industrial relations. Having heard some of the battles of the past being re-enacted, I think it is necessary to remember just how much change has taken place since the 1980s.

If I were still leader of Bristol City Council, I would find the proposals in the Bill very undermining of relationships between unions and employers. The right reverend Prelate the Bishop of Rochester mentioned his conversations with leaders of councils who are very worried about these proposals. Years of work to establish partnerships could be wasted if changes in practices for employers are required, such as the capping of facility time and the end of check-off, which has been considered mutually beneficial by many union members and a wide range of employers. While talking of devolution, the Government are imposing practices in this legislation which would be much better negotiated and agreed locally.

If I were still a leader in local government, I would also find that the Bill introduced unnecessary and bureaucratic burdens, which may make resolution of disputes longer and more difficult. The introduction of arbitrary thresholds for voting on strike action, which many Members have already dealt with, without the possibility of electronic voting, will impose a huge and unreasonable burden on unions and make it much more difficult for them to organise legitimate action. It will also seem unnecessarily punitive for public services that the Bill defines as “important services”.

The introduction of new powers for the Certification Officer would, I imagine, also be seen as a major intrusion into the right of workers and their unions to privacy. The measures in the Bill seem high-handed and override existing good practice. They are dismissive of the positive work done over the years by unions and employers and will make employer-union relations more fraught if new and oppressive national policy is implemented, and if employers are obliged to do this locally on behalf of the Government.

In addition to my concerns about employers in local government, I would oppose any restraint on unions’ ability to campaign. As many Members have already said, unions seem to have had a hugely beneficial influence on employees’ rights such as equal pay, minimum wage and minimum holiday entitlement, and in the recent legislation to combat modern slavery. There should be no interference with this right, in my opinion. There is still exploitation. There are still very dubious working practices and many unjust working circumstances for people in this country.

I also say here that I support my colleague and noble friend Lord Tyler in his efforts to separate the measures in the Bill from the issue of party funding, which should be a matter for all-party consideration. As an issue fundamental to our democracy, it should not be treated in a prejudicial and partisan way, as it is in the Bill.

I am sure that the Minister and her team are listening to the important points being made today; I realise that there are still more to be made. I very much hope that we can work together in this House to bring about some changes, and to work for good industrial relationships in future and positive attitudes to workers in the workplace. This would benefit all, as it would benefit the economy of the country.