Trade Union Bill

Debate between Lord Balfe and Lord Dykes

Monday 8th February 2016 Lords Chamber

[Lord Balfe (Con)]

It is good occasionally to get up on this side of the House and remember why I am on the Conservative Benches and not on the opposition Benches. This is a clear manifesto commitment. You can throw statistics around for how many people voted for the Government and how many people did this or that. They are different systems. It is clearly written in the manifesto that:

“Industrial action in these essential services would require the support of at least 40 per cent of all those entitled to take part in strike ballots - as well as a majority of those who actually turn out to vote.”

I am impressed with the arithmetic of the noble Lord, Lord Dykes. I am a little puzzled if the number of people coming into his office for a manifesto varied between eight and 10, giving an average of six—he obviously went to a different school to where I learnt my averages. These are different elections. I have no objection to proportional representation. I was a member of the Labour campaign for electoral reform for the better part of 20 years. I voted for the alternative vote system in the referendum because I believe that democracy is strengthened if it is more firmly based than it is at the moment. I am always impressed by the fact that, whenever the Labour Party is in opposition and look as if it is not going to win, it sets up commissions under the noble Lord, Lord Plant, or Robin Cook to look at electoral reform. Then somehow when it gets into government electoral reform gets lost.

This is a separate issue. What majority the Government have is irrelevant to the fact that the Government have a mandate under our constitutional system and a clear entitlement by virtue of the manifesto to introduce this legislation.

[Lord Dykes]

Does the noble Lord agree that the aspiration for sensible governance of any country is for the number of seats in Parliament to equate proportionally to the percentage of votes from the electorate? The closer we get to that, the more we get a natural balance of the genuine result. The only such systems in Europe, of which the noble Lord has great knowledge, are the Irish with the single transferable vote system and Germany with the additional member system. Why does he not support that?

[Lord Balfe]

I think we are straying a little, but I am happy to talk to the noble Lord afterwards about different electoral systems.

Many strikes are unpopular, and sometimes the trade union movement does itself no good. I would imagine that everyone on the opposition Benches is uncomfortable at RMT chief Steve Hedley’s comment:

“I think all the Tories are an absolute disgrace, they should be taken out and shot to be quite frank with you.”

Obviously, no one is going to support statements like that, but they are made and reported with pictures of a union leader with a Kalashnikov in the Evening Standard, and this impacts on people.

I quoted earlier what I call the moderate unions—the 16 unions that issued the brief on the Bill. It does not mention strike ballots once. Over four pages it brings out a good number of other points, including on electronic balloting, check-off, agency workers and the Certification Officer. There is not a single word on ballot thresholds. I suggest that the Government have a clear mandate for this. According to the Mayor of London’s brief, which may or may not be accurate, over half the strikes called by RMT would not be possible under this law. That could well be the makings of a rather popular law.

I counsel noble Lords opposite—including the noble Lord, Lord Wallace—to have a look at the sayings of Mr Mark Serwotka, the head of the Public and Commercial Services Union, who said that this Bill provides an organisational challenge. I draw his attention, too, to the words of a trade union general secretary, who is a friend of mine, who said to me, “Richard, I would never take them out on strike if I only had half the people behind me”. If you are going to have a strike, you need to have a good, solid basis of representation and a good, solid majority behind you. I think that the Government in this instance have a very clear mandate for this change, and I doubt that Labour will repeal it when the party—as it inevitably will—comes into office.