Draft Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2023
Debate between Alex Burghart and Chris Stephens(9 months, 4 weeks ago)
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The Parliamentary Secretary, Cabinet Office (Alex Burghart)
I will have to jettison a large part of my speaking notes now, Mr Paisley!
I beg to move,
That the Committee has considered the draft Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations 2023.
To cut to the chase, the Trade Union (Deduction of Union Subscriptions from Wages in the Public Sector) Regulations, also known as the check-off regulations—not Anton Chekhov, the 19th-century Russian playwright, but check-off—stem from section 15 of the Trade Union Act 2016. It is the last piece of secondary legislation to be brought into force as part of that Act.
The regulations aim to modernise industrial relations in the UK. They define a relevant public sector employer for the purposes of section 15 of the 2016 Act. That provision requires relevant public sector employers that allow employees to pay union subscriptions directly through payroll—a process known as check-off—to charge trade unions a cost substantially equivalent to the cost they incur for providing the service. In addition, public sector employers must be satisfied that there is an alternative way of union members paying their subscriptions aside from check-off, such as through direct debit.
Should employers not be able to secure payment substantially equivalent to the costs of providing check-off, and there is an alternative payment available to employees, employers must cease to provide check-off. That will ensure that check-off services are provided by public sector employers only where there is no cost burden to the taxpayer and to guarantee members have choices about subscription payment methods.
The regulations will not come into force until a reasonable transition period has elapsed to allow everyone adequate time to make arrangements to comply with the regulations. To that end, the regulations will come into force on 9 May 2024, six months after laying. That is a generous transition period, considering that the regulations were previously due to be laid in 2017, so employers have had a significant period of awareness of the impending changes.
Chris Stephens (Glasgow South West) (SNP)
The Minister has said that six months is an appropriate period, but during the debates on the Trade Union Bill in Parliament, the Government committed to a consultation period of 12 months, not six months. Will the Minister explain why the Government’s position has changed?
Alex Burghart
The hon. Member will be aware from my opening remarks that the Bill that floated this idea was given Royal Assent in 2016. A few international events got in the way of our completing the passage of the secondary legislation, but we think that given how much time has elapsed and how aware everyone is of the changes, there is no great problem in moving from 12 months to six months.
The Government have also provided to the House the explanatory memorandum and a full impact assessment, and we have published on gov.uk guidance to be issued to public sector employers to help them to familiarise themselves and comply with the regulations. The check-off regulations will deliver value for money for the taxpayer. The impact assessment has identified that the intervention will equate to a present benefit saving of approximately £1.5 million a year. However, I wish to be clear that the regulations stem from the Trade Union Act 2016, which was introduced in response to a 2015 manifesto commitment. As such, and despite delays owing to other Government priorities relevant to the UK’s exit from the European Union, the coronavirus pandemic and so on, this has been a long-term ambition of the Government in our aim to modernise industrial relations in the UK.
Alex Burghart
I am pleased to be able to tell the hon. Gentleman that the trade unions were consulted as part of the work we did during the passage of the Trade Union Act 2016. To be clear: for a lot of people, direct debit is much more effective. It is often much better for trade unions, too. Going back over Hansard, I noticed that in 2016 a number of trade union websites were actively encouraging members to move to direct debit, because they thought it was a better process.
Chris Stephens
Trade unions were doing that because at that time the Government had stopped their members’ rights to have their subscriptions come off their wages. The Minister said—after his distasteful attack on trade unions, which I hope he will reflect on—that this is clearly a reserved area. I accept that, unfortunately, employment law is reserved to this place—it would be far better if it was under the aegis of the Scottish Parliament—but industrial relations are not. Industrial relations are between employer and employees. Why should the Government interfere in the voluntary arrangements between an employer and a trade union?
Alex Burghart
The hon. Gentleman has answered his own question. This is a matter of the relationship between the public sector employer and its employee. That is why it is a reserved matter.
In his closing remarks, the hon. Gentleman said that membership of trade unions leads to higher wages. That was not necessarily the lesson of the 1970s. I hope he will reflect on that part of history. As for his reference to Stalinism, I should probably take that in the spirit in which it was delivered, but as we are having a political dust-up, I will remind him what Stalinism was. Real Stalinism involved the death of tens of millions of people at the hands of perhaps the most brutal regime the world has ever seen, and that was the result of socialism.
Civil Service Pay
Debate between Alex Burghart and Chris Stephens(1 year, 8 months ago)
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The Parliamentary Secretary, Cabinet Office (Alex Burghart)
It is an honour to serve under your chairmanship, Mr Pritchard. I start by congratulating the hon. Member for Cynon Valley (Beth Winter) on securing the debate, as I welcome the opportunity to discuss these issues. I am sure the Chancellor will have heard her remarks. The Government are obviously in the process of preparing for the Budget in the very near future.
At the outset, I want to join all Members in recognising the extraordinary hard work and dedication of the civil service. I cannot accept the remarks made—admittedly, as an aside—by the hon. Members for Aberdeen North (Kirsty Blackman) and for Vauxhall (Florence Eshalomi) about how the Government are in some way scapegoating civil servants. That is absolutely not the case. It was not the case in the urgent question in the House yesterday. Obviously, a lot of people in the Cabinet Office are sad about what has happened over the past few days, but that in no way detracts from our huge respect for our exceptional civil servants, on whom we rely every single day. It is important for me to put that on the record.
As right hon. and hon. Members will undoubtedly be aware, civil service pay is determined by separate processes for delegated grades—typically grade 6 and below—and the senior civil service. For delegated grades, the Cabinet Office publishes the pay remit guidance annually. The guidance is a cost control document setting out the parameters of average awards in a pay remit year for Departments. For the senior civil service, the Senior Salaries Review Body makes independent recommendations to the Government based on evidence provided by the Government and data from recognised trade unions and the labour market.
In the 2021 spending review, the then Chancellor of the Exchequer announced the end of the temporary pay pause in the public sector, including the civil service, starting from the year 2022-23, throughout the duration of the spending review period to 2024-25. The strong recovery in the economy and labour market at that time allowed us to return to a normal pay setting process. Again, right hon. and hon. Members will be aware that new challenges then emerged. We are operating now in a very different economic environment. Higher than expected global energy and goods prices have already led to unavoidable increases in the cost of living in the UK, and the repercussions of Putin’s illegal invasion of Ukraine have added considerably to those pressures.
Last year, the civil service pay remit guidance allowed Departments to make awards of up to 3%, which we absolutely recognise is below inflation. The Government of course recognise the significant strain that cost of living pressures are putting on everyone, including civil servants, and this Government have been helping with energy support and other cost of living payments for the most vulnerable.
Chris Stephens
The Minister mentioned the pay remit guidance. For clarity, can he confirm that the pay remit guidance is one document—that there is only one piece of pay remit guidance? If so, why are there 200 sets of negotiations across Westminster Government Departments?
Alex Burghart
The hon. Gentleman will be glad to hear that I will come to that point very soon.
As everyone will, I hope, appreciate, the Government put fiscal responsibility at the very centre of our policy, and we are taking appropriate steps to manage inflation. Obviously, at the moment, it is not public sector wages that are driving inflation. Many factors are driving inflation. Inflation is besetting our closest friends and competitors around the world; it is an international problem. However, if we were to take the advice of the right hon. Member for Hayes and Harlington (John McDonnell), the hon. Member for Liverpool, West Derby (Ian Byrne) and others, we would find ourselves in trouble.
The Governor of the Bank of England and its chief economist have both said that inflation-matching pay rises in the public sector can spill over into higher pay across the economy, and that would make the fight against inflation even more challenging. That is why halving inflation is the top of the Prime Minister’s five immediate priorities, alongside growing the economy, reducing national debt, getting the NHS backlog down and stopping small boats crossing the channel. Our focus is on pay for 2023-24.
Alex Burghart
I will come back to the hon. Gentleman’s point.
Salaries for junior grades in the civil service remain comparable with private or public sector equivalents. Many civil servants also benefit from defined benefit schemes, where employers contribute around 27% of earnings. In contrast, most private sector employees receive defined contribution pensions, which are dependent on investment performance, and where employer contributions are typically around half those in the public sector.
As I mentioned at the beginning of my speech, pay arrangements for civil servants below the senior civil service are delegated to Departments as separate employers. That has been the case since 1996, and was not a position overturned by the previous Labour Government. The annual pay remit guidance sets out the financial parameters within which civil service Departments can determine pay awards for their staff. Negotiations take place between organisations and trade unions. The Cabinet Office does not negotiate or consult on pay or changes to terms and conditions outside the civil service management code. Ultimately, it is for Departments to decide on their pay awards and how they are structured, in the light of their own budgets and priorities, and to negotiate with their trade unions.
There are many merits to the delegated model, as the last Labour Government recognised. Civil service Departments deal with many different, complex issues. That means it is really important that Departments continue to have the flexibility to tailor their own pay and grading arrangements to enable them to recruit, retain and reward the hard-working civil servants who deliver for them.
Pay remit guidance also allows Departments to seek further flexibility for a pay award above the headline range for pay awards. That has enabled some Departments to make higher awards to their staff in return for productivity and efficiency gains, or to reform terms and conditions of employment, in order to deliver transformational reform. That has been demonstrated in pay deals at His Majesty’s Revenue and Customs and the Ministry of Justice in recent years.
We continue to explore opportunities for greater coherence for reward in future years in support of civil service challenges and priorities, which is where the work of cross-Government professions and functions have a particularly valuable role to play. The Minister for the Cabinet Office met with some of the main civil service unions on 12 January to listen to their representations on pay, as part of an exchange of information to inform pay for 2023-24. That is supported by continuing dialogue at official level.
The Government remain committed to holding discussions about pay for 2023-24. We want to work constructively with the civil service trade unions as the Government consider the pay remit guidance, the delegated grades and the evidence to the Senior Salaries Review Body on senior civil service pay. I am confident that when we announce the 2023-24 civil service pay remit guidance, we will continue to strike the balance between appropriate reward and the need to live within our means as a nation.
Chris Stephens
The Minister has confirmed that there is one pay remit guidance. Do the Government have any plans to cut the numbers of negotiations? There are currently more than 200 across Westminster Government Departments.
Alex Burghart
The hon. Gentleman will have heard me say that we consider there to be many advantages to this model.
The purpose of Westminster Hall debates is for the Minister to come and listen to what colleagues in the House have to say. It was interesting, listening to the hon. Member for Vauxhall, to hear that a lot of the positions from the Labour Back Benches do not necessarily accord with the position of the Labour Front Bench. I wonder whether one of the things that is happening in this Westminster Hall debate is an internal debate within the Labour party being aired in public. There was no position from the Labour Front-Bench spokesperson on collective bargaining, on the pay offer, or on PCS strike actions.
Infected Blood Inquiry and Compensation Framework
Debate between Alex Burghart and Chris Stephens(2 years ago)
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Alex Burghart
The hon. Gentleman will have heard me pay tribute to everyone who is going through and has been through this awful experience. However, I hope he will appreciate that it is very important to ensure that what the Government might say now does not cut across what Sir Brian intends to say in his final report. Everyone can have confidence that that will be the final word and that the Government will then have the opportunity to respond quickly, to get everyone affected the support that they deserve.
Chris Stephens
Can I gently suggest to the Minister that he needs to be careful here? There is is already a significant lack of trust in the Government among those impacted. Sir Robert’s study made a number of recommendations, but we have not heard the Government’s response to those recommendations, including on the setting up of an arm’s length body to administer the compensation scheme. Can he confirm that the Government accept that recommendation?
Alex Burghart
I hope that the hon. Gentleman will know that that is one of the things that Sir Brian is looking at and that we will respond to Sir Brian’s findings. We take the matter enormously seriously and we understand the real desire for maximum speed; I know that people have waited for a very long time to get what the hon. Member for Central Ayrshire called limited justice. However, the truth is that I very much hope and believe that we are in sight of that endpoint now.
Chris Stephens
I am trying to be polite, Dame Angela, but significant recommendations from Sir Robert’s study were put to the Government. Not all of them are about compensation moneys; some of them are about the administration of any scheme, so that the Government are ready. Can we have some sort of response from the Government about those aspects of that report, please, because that will build confidence and do away with the lack of trust out there?
Alex Burghart
The hon. Gentleman will have heard me say that we are working across Government to make sure we are in a position to respond very quickly to what happens with Sir Brian’s report in the middle of next year. I understand that there are questions of trust for historic reasons, but I hope that the fact that the Government have been able to respond quickly, promptly and to our own timescales on the delivery of the interim payments will do something to show that the Administration are absolutely committed to doing the right thing.
Management of the Economy and Ministerial Severance Payments
Debate between Alex Burghart and Chris Stephens(2 years ago)
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Alex Burghart
The hon. Gentleman is an established and experienced debater in this Chamber. He will know that it is important for Members of this House to choose their figures wisely and get them right. If they intend to build a case, it is important that they do their analysis properly.
Ministerial pay arrangements have been in place for a number of Administrations. Ministerial changes and departures are part of the fabric of government; all Administrations experience them and they are a routine part of the operation of government.
Alex Burghart
I will come to the point that I am going to make and then give way to the hon. Gentleman.
The payments that are being discussed today exist because of the unpredictable nature of ministerial office. Unlike in other employment contexts, there are no periods of notice, no consultations and no redundancy arrangements. This statutory entitlement has existed for several decades, and has been implemented by all Governments during that period. Payments on ceasing office were accepted by outgoing Labour Ministers in the Blair and Brown years, and by Liberal Democrat Ministers during the coalition Government. As has been pointed out by a number of Members, data published in 2010 indicated that severance payments made to outgoing Labour Ministers in that year amounted to £1 million.