Trade Union Bill

Lord Balfe Excerpts

Thursday 25th February 2016 Lords Chamber

Finally, I, my noble friend Lord Collins, the noble Lord, Lord Stoneham, and the noble Baroness, Lady Burt, oppose that Clause 14 stand part of the Bill. We do not accept this clause. The debate will highlight the fundamental flaws and problems and the unfairness and injustice of singling out the public sector, its employers, trade unions and trade union members for actions which will not apply in the private and voluntary sectors. Clause 14 threatens the partnership arrangements at every level of public services in England, Scotland and Wales, including local government, emergency services, education and the NHS, undermining the positive industrial relationships built up over years between the bulk of employers across the public sector. Amendment 92 in my name and Amendment 93 in the name of the noble Lord, Lord Balfe, address stated government concerns about transparency and openness; about public sector employers having the choice of operating check-off systems and trade union members having the choice as to which method they choose to pay their subs by; and about ensuring that unions meet any reasonable admin costs for the operation of check-off so that there is no admin burden to the employer or the taxpayer. So, as I said before, what is the problem?

[Lord Balfe (Con)]

My Lords, I will speak in particular to Amendment 93, which is in my name, but will also make a general contribution to this debate. I start fundamentally from a belief that this is a matter for local decision. Any Government with a localism agenda should not be promoting this amendment, because it has nothing at all to do with localism.

I began my life, as I suspect many people who have a long history of trade union involvement did, as a sub-collector—someone who went round collecting subscriptions from members. I was in a monthly-paid Civil Service job and on the first two days of each month I used to go round and collect subscriptions. It was a very pleasant experience as it meant that I had about an hour and a half off on each of those days, and because we had a branch rule that you could not take money home, I also had half an hour off at the end of each day when I went over to the treasurer in another building and handed over the small amount of money I had collected. Management decided that this was not a very efficient way for its employees to behave, and in the course of the 1960s, management decided that it would be a lot easier if it had a system called check-off. I was in a very odd union branch: the chairman was a member of the Communist Party of Great Britain and the secretary was a member of the Socialist Party of Great Britain. I became the vice-chairman because the two parties could not agree on anyone, so they decided that someone young should do the job. However, our branch rigorously opposed check-off because it would break the link with members. What we meant was that it would obviate our ability to wander round the office on what in those days was known as foot patrol, because many of the members in our office had recently had experience of the Army. I notice that part of the impact assessment says that this will foster a more direct relationship with members. If you want to have people wandering around the office, fine, but I put that in by way of background because this was not fought for by the unions, but was largely asked for by management and accepted by the unions, because of course sub-collecting was a very random experience.

Let us move forward, to a tale of two unions. When I became the TU envoy for my party, we went to all the unions. Many of them were very helpful but some of the big ones were not, particularly Unite and the GMB. However, two of them were; the Minister will be very familiar with one, USDAW, whose general secretary John Hannett not only came to meet the party leader David Cameron but made it quite clear that he and USDAW did not support the Conservative Party. However, he also made it very clear that he wanted a constructive relationship with any party that might become the Government. He did not come to meet the Conservative Government; he came to meet the Conservative Opposition to benefit his members with a direct relationship. He sought a constructive attitude, which we associate with USDAW. That union is not affected by this measure because it has had some very good people looking after its personnel in the past and it has very good industrial relations.

--- Later in debate ---

[Lord Stoneham of Droxford]

My Lords, I am fearful of keeping noble Lords from their lunch, but I have several points that have not already been made in the debate. I agree absolutely with what the noble Lords, Lord Balfe and Lord Kerslake, said about how the Bill, particularly this clause, is designed principally to make life difficult for the unions. It is not about modernising industrial relations.

I challenge the Minister to explain some of the statements made in the impact assessment. It is extraordinary that it states:

“Removing the check off provision is not expected to have a negative impact on industrial relations”—

we have heard arguments to the contrary in this debate. It also states:

“The impact of transition on the trade unions will be minimal”.

How can that be? It further states that:

“We assume that the amount of time taken to become familiar with the proposals will be small as changes introduced in the Bill are straightforward”.

We have heard in the debate that these are complex and difficult procedures that the unions will be inveigled into if the proposals are passed.

I accept that we have moved on a long way from when union dues were collected in cash. I remember in the sector in which I worked, staff had for years been paid in cash and the father of chapel used to go around collecting dues regularly. The only problem was that he was also acting as a bookie’s runner in the plant, so the union was very grateful when the management agreed to accept check-off.

We have moved on from that, but we want union representatives to concentrate on improving industrial relations. We know that, whatever happens, there will be a huge muddle and administrative problem. No one has mentioned that we now have ballots for strikes and industrial action. The complication of not having agreed lists of who can vote in those ballots will be much more difficult in the public sector without check-off. No one has mentioned that there is a huge problem with people not cancelling direct debits when, in this case, they move jobs to different sectors and may even need to join another union. We know that those direct debits are often not cancelled.

[Lord Balfe]

My Lords, I point out that Baroness Williams, who has just departed from us, continued to pay dues to the Labour Party for 10 years after she had joined the Social Democratic Party, because she failed to cancel her direct debit?

[Lord Stoneham of Droxford]

I think it needs such sources of money at the moment.

Another issue that has not been raised is that a good employer wants representative unions. As someone who has been involved as a manager—I know that the unions may be suspicious of this—I liked to know who was in the union, because I wanted to know how representative the leadership of the union was in negotiations, how serious they were and how I should respond to them. That is an important point.

Another point that the Conservatives have overlooked is that, if you get unions down to a core so that they are unrepresentative, you will face very difficult decisions. I always remember Vic Feather saying, “I always look to the faces of the people at the back of a room, not the voices of the activists at the front”. If you want representative unions, you want the highest number of your employees to be members of that union. Not to upset my Labour friends, but if you go down this route, you will be handing the trade unions to the Corbynites, the less representative groups. You will have more trouble in the trade unions as a result, particularly in the public sector, than if you recognise that the rank and file—the people involved in high-turnover sectors, the cleaners—have good judgment when they have to face the decision whether to lose wages and take industrial action. Those people provide the solid support for trade unions, and you should be encouraging them. If you do not, you will end up with worse industrial relations.

I support Amendment 92. It is a good way forward, and the Government should look carefully at it. The amendments of the noble Lords, Lord Kerslake and Lord Balfe, help in the debate. We must address the fact that, once again, the Government speak devolution and then do absolutely the opposite—as in local government. The Bill, and these provisions, do not help us to modernise industrial relations.