Trade Union Bill

Debate between Jo Stevens and Victoria Prentis

Tuesday 10th November 2015 Commons Chamber

[Victoria Prentis]

I would like, with your leave, Mr Deputy Speaker, to finish my point and come on to armbands later.

Article 11 allows for proportionate restrictions on the exercise of—[Interruption.] I am referring to article 11(2), which states:

“No restrictions shall be placed on the exercise of these rights other than such as are prescribed by law and are necessary in a democratic society”.

The European Court of Human Rights has repeatedly acknowledged, as recently as last year, that it is legitimate under article 11 for the Government to legislate to impose conditions on the right to strike where there is evidence that that is justified.

The Court has also acknowledged that the Government have a wide margin of appreciation in deciding how to legislate. Clause 9, as we have heard, introduces a set of requirements on the supervision of picketing, following some sensible concessions that were made by the Minister following the consultation period. The picket supervisor will have to wear a badge, armband or other item to ensure that they are easy to identify. This is hardly onerous.

[Jo Stevens]

The hon. Lady referred to article 11(2), which sets out the circumstances in which the right of freedom of association can be interfered with, including the protection of national security and the prevention of serious crime. All we have heard Conservative Members talk about is the “temporary inconvenience” that strikes cause. I am afraid that that is not listed in article 11(2).

[Victoria Prentis]

I do not believe that the wearing of a badge or armband, or some other means of identification, is onerous in the way that the hon. Lady suggests. In fact, it is something that unions widely do already as part of the code on picketing, which actually says that everybody should wear an armband.

I must admit that in Committee I was somewhat bemused by this part of the argument and the briefs provided by Amnesty International and Liberty in the evidence that was given. Both are excellent human rights organisations that undertake extremely important work around the world dealing with executions and torture, yet the wearing of an armband by one person so that they are identifiable during a strike presents them with a big issue. I do not agree. We are not asking everybody taking part in a strike to wear an armband, but simply asking the organiser of a particular event to do so in order to identify themselves.

Trade Union Bill (Second sitting)

Debate between Jo Stevens and Victoria Prentis

Tuesday 13th October 2015 Public Bill Committees

[Victoria Prentis (Banbury) (Con)]

Q 109 Going back to devolution, on which I recognise you are avowedly not an expert, take it from me that health is a devolved issue. I think my colleague mentioned that. Do you view the Bill as being concerned more with employment and industrial relations than health? Obviously, you look at it from a health perspective, but in your mind, what is the Bill concerned with?

Julia Manning: The Bill from my perspective and the interest I have in it is how patient experience would be affected by the Bill and has been affected by strikes. When we already have a scenario of shortages in the workforce and treatment being curtailed and postponed for other reasons, it is another consideration for us that would mean that people are not seen when they expect or need to be. That is my interest in the Bill.

[Jo Stevens (Cardiff Central) (Lab)]

Q 110 Can I ask you about clauses 12 and 13? They propose to change the current arrangements for facility time, and facility time operates within the NHS. What do you know about the current arrangements and what do you consider their benefits?

Julia Manning: Of facility time? I do not know about that.

--- Later in debate ---

[Victoria Prentis]

Q 225 My question ties in quite well. It was held by the court that the agricultural wages case concerned agriculture. There is no way that this Bill could possibly be concerned with anything other than employment and industrial relations. It was argued that the agricultural wages case concerned wages but it clearly did not: the court held that it concerned agriculture. This is quite different, is it not?

[Jo Stevens]

Q 226 Have you had any discussions with your counterparts in Scotland and Northern Ireland about the measures in the Bill and their application?

Leighton Andrews: I start by saying that I am not in front of this Committee to divulge any conversations that have been held with our own legal advisers in respect of our position as a Government. We will reach our own conclusion as to whether this Bill from the UK Government requires a legislative consent motion. That is something we are currently considering.

In respect of the Agricultural Sector (Wales) Bill, I think we need to be clear about that Bill. It went beyond what was said by the questioner. What it confirmed in that case was that where an Assembly Bill fairly and realistically satisfies the test set out in section 108 of the Government of Wales Act 2006 and is not within an exception, it does not matter whether it might also be capable of being classified as relating to a subject that has not been devolved, such as employment rights and industrial relations. The Trade Union Bill very clearly relates to devolved public services—that is the three obvious ones: fire and rescue, health and, of course, education under 17, but potentially others as well. This clearly cuts across the devolution settlement, and we have very strong issues that we will be raising in that regard.

In respect of relations with Scotland and Northern Ireland, officials certainly have had contact with Scottish Government officials. The legal situation in Northern Ireland is slightly different from that in respect of Scotland and Wales, but I think that there is considerable unease among the devolved Administrations about this Bill.