Trade Union Bill

Lord Sawyer Excerpts

Monday 8th February 2016 Lords Chamber

[Lord Sawyer (Lab)]

As a Member who has led many strikes, I have some experience of what it takes to make one successful. Indeed, to persuade any group of trade union members to take strike action, a trade union leader has to have an outstandingly good case. Throughout my career, and many years as a trade union leader, there were no restrictions or numbers on ballots, but I always had to be clear that, although I might go to a work situation where a small number of members were expressing a point of view, which today might be taken as a ballot, the vast majority of trade union members were behind what the union wanted to do. Trade unions cannot call industrial action without the support of their members. We never needed ballots to tell us that we had support in the past, and we do not need them to tell us now. I understand that times have moved on, and political parties and the wider electorate want some measure about the level of support, but I would not like anybody to be under the impression that trade union leaders can just call members out on strike willy-nilly. That is not the case; it needs a lot of thought and consideration and wide support.

Although this debate is only in its early stages, I am already starting to feel anxious that it is not a Trade Union Bill debate but a kind of RMT debate. It focuses on the actions of one particular union. I remember the late, great Mr Bob Crow was often vilified in the press for being an unpopular trade union leader, but that was not the case after he died, when the management of the business came out in numbers to say what a great trade union leader he had been.

[Lord Balfe]

Can I point out to the noble Lord that people always say nice things about you when you are dead? If they start saying them about you while you are still alive, that is the time to get really worried.

[Lord Sawyer]

That is not a matter that can be proved. Clearly, those of us who know about employer relations in the industry knew that Bob Crow was a widely respected, sensible and realistic trade union negotiator. The problem was that he was very tough—he drove a tough bargain on behalf of his members. Let us not forget, when we debate manifesto commitments and ballot thresholds, that the balance of power at the workplace, setting aside London and the RMT, is massively loaded in favour of the employer. Trade unions throughout their history have needed to work very hard and make big sacrifices to prosecute their case and get any benefits from taking industrial action. That is the kind of point that the noble Lord, Lord Monks, made—it is about getting some kind of balance. I understand the manifesto commitment and I understand where the Government are coming from, but it is balance that we are looking for in this debate. It is a question of what seems to be fair and reasonable, and the two clauses, both the 50% and 40%, seem a bridge too far.

[Baroness Burt of Solihull (LD)]

My Lords, I shall not detain the Committee for too long, but I want to talk about Clause 3 standing part of the Bill. It illustrates the problem of combining a 50% turnout requirement with a 40% of eligible votes being in favour. Can the Minister confirm whether the figure of 40% was in the Conservative manifesto?

We have had all kinds of figures bandied around; we have had 35%, 20% and 25% as suggested rates, but none of these works. We have had the noble and learned Lord, Lord Brown, talking about 499 out of a workforce of 1,000 voting for action but unable to make it legitimate because one person did not vote in favour. And if you had just a 50% turnout, 80% would have to vote in favour for industrial action. It is important to have strong support for action if you are going to inconvenience the public, but I do not believe that this is the way, so my party does not believe that Clause 3 should stand part of the Bill.