Trade Union Bill

Lord Leigh of Hurley Excerpts

Wednesday 16th March 2016 Lords Chamber

Moved by

[Lord Leigh of Hurley]

12: Clause 11, page 7, line 32, leave out from “union” to “exceeds” in line 34 and insert “paid out of its political fund in any calendar year”

[Lord Leigh of Hurley (Con)]

My Lords, my amendment seeks to clarify the nature of the transparency sought within political funds. I believe that my amendment simply ensures the transparency that was intended but is not covered in the current wording of Clause 11. Noble Lords will recall that I asked the Minister to consider this matter during the debate on the Burns Select Committee report. I believe that the intention of Clause 11 is to ensure that expenditure from the political fund is fully disclosed so that members of the union who choose to opt in can see how their money is being spent.

We heard from evidence given to the Select Committee on 4 February by Mr Iain McNicol, general secretary of the Labour Party, that less than 50% of the trade union political levy is actually sent to the Labour Party. I believe that is correct and supported by the facts. The amendment deals with the rest of the money in the political fund that is not spent on political parties.

Following encouragement from noble Lords opposite, I have examined the accounts of the political fund of two of the largest unions: UNISON and Unite. They are somewhat vague. UNISON notes that its membership’s contribution is some £6.6 million in the political fund in its most recent set of filed accounts, but does not really break down how this is spent. It lists as national expenditure—it just uses the words “national expenditure”, with no further detail—the sum of £2.9 million, and that is the largest single item. Quite intriguingly, it discloses at the end of the year that it holds on its balance sheets some £8.2 million of reserves within the political fund. Whether we do opt-in or opt-out, that £8.2 million still sits in the political funds to be allocated at the union’s discretion.

Unite has £7.7 million of income in its political fund and simply states that, of this, £1.17 million is classified as political fund expenditure. Again, there is no further clarification. Intriguingly, that union had £14.9 million of reserves on its balance sheet for the political fund exclusively.

Given the substantial sums involved it would seem only fair that those who choose to opt in, hereon in, have some idea how this is being spent. The problem is that Clause 11 restricts the disclosure requirements to expenditure falling within Section 72(1) of the 1992 Act. This section essentially focuses on money spent to or by a political party, and only to or by a political party. It does not cover any other payments by the political fund.

No one is suggesting that there should or would be any control or influence whatever over how the money is spent, but simply that there should be transparency over these payments for the members. Indeed, I am sure that there are many instances of payments from the political fund that would not be in any way controversial and would be welcomed by all of us in this House. For example, money spent on HOPE not hate, sponsored by the GMB and the National Union of Teachers, which seeks to campaign against the British National Party, could not be seen as controversial. However, other expenditure might be considered more controversial, such as support for the Campaign for Nuclear Disarmament. Many people might be surprised to see that some unions support this, given the many manufacturing jobs that depend on the nuclear industry.

While we do not know the amounts, we know that there has in the past been specific funding for particular think tanks, and, controversially, campaigns to lobby local councils to divest their government pension schemes from companies linked with Israel. Unions that, for example, are affiliated to the Palestine Solidarity Campaign would have had to make a payment to achieve that affiliation. It seems only right that members should be aware of this and the amount. Some might wonder why their money is being used in this way. For completeness, I disclose that I am a supporter and member of the Conservative Friends of Israel, but this is a very small part of the issue.

In every area of our society, there is greater consumer choice and transparency in how other people’s money is spent. Amendment 16, which follows, discusses whether the sum of £2,000 is appropriate. I said in Committee and at Second Reading that I personally did not think that £2,000 was high enough. Leaving that aside, I hope the Minister will accept the amendment, which does no more than achieve the greater transparency that we all believe is sought by the clause. I beg to move.

[Lord Robathan (Con)]

My Lords, I shall be very brief in supporting my noble friend Lord Leigh. I wish to bring up one point. In the last debate, the noble Baroness, Lady Smith of Basildon, reflected that the amounts we are talking about are trivial—less than 5p per member contributing to a pension fund a week. That is trivial, but the point is that the amount we are talking about is nearly £24 million a year, or nearly £125 million over the life of a Parliament. We should realise that these are not small amounts. They have an impact on the causes that my noble friend mentioned, and on donations to political parties or whatever. It is important that we bear in mind that this is a large amount of money and we should not dismiss it just because most people do not know that they are even paying into it.

[Baroness Neville-Rolfe]

My Lords, the Government are committed to greater transparency for all contributing union members in the use of union political funds. Not only should members have a choice whether to contribute, but it is only fair and reasonable that union members know how their political funds are used. As my noble friend Lord Robathan said, this is important because the totals can be large. We want members to make informed decisions about whether they want to contribute to such a fund. Increased transparency will also increase debate within unions about what the political fund is used for.

My noble friend Lord Leigh raises an interesting point about the level of transparency provided for by Clause 11. In particular, I understand that his amendment seeks to ensure that all expenditure from the political fund is subject to enhanced reporting requirements. I accept the principle of the point that my noble friend makes and I am sympathetic to his proposal. Our intention is that members should understand how the political fund is spent. It is important because, as I have already said, members need to know this if they are to make informed decisions about whether to opt in or opt out.

We will reflect and come back on that point of principle at Third Reading, giving careful consideration to how we deliver our transparency reforms in the most proportionate way. In the mean time, I ask my noble friend to withdraw his amendment.

[Lord Leigh of Hurley]

I thank my noble friend the Minister for agreeing to review and to come back at Third Reading and, accordingly, beg leave to withdraw my amendment.

Amendment 12 withdrawn.