Trade Union Bill

Debate between Andy McDonald and Jonathan Djanogly

Tuesday 10th November 2015 Commons Chamber

[Mr Djanogly]

I am not here to accuse anyone. If the hon. Lady thinks that the 1984 legislation was introduced because there were no instances of intimidation at that time, we need to go back to the history books. I do not intend to do that today. I am not saying that postal ballots will always be free from intimidation, particularly if several members of the same family work in the same place. I appreciate that new clause 7 requires that votes at the workplace are private and free from unfairness, but the question is how far does that go? Does it cover only the voting room or the factory premises? What about beyond the factory gates and the pickets? I am concerned that this could be a retrograde step.

[Andy McDonald]

The hon. Gentleman talks about intimidation in the workplace. He is a lawyer. Let us have some evidence to back that up, rather than just putting it out there and casting aspersions. Get on and give us some evidence.

[Mr Djanogly]

As I said before, we are looking at the optimum way of voting. The Opposition’s new clause 9 provides for the possibility of a combination of voting methods to be used, but I note that the combination is to be selected by the union. Unless I have read it wrong —someone might want to put me right—this could imply that workplace-only ballots could, in effect, be reintroduced via the back door. Again, I would see that as a step backwards that should not be supported.

On electronic voting, it could be said that this is where society is heading, a point made very strongly by the hon. Member for Glasgow South West (Chris Stephens), and that union law should take the lead on something that will be generally adopted. I have not seen the most recent opinions of the Electoral Commission on e-voting, but I recall that it had serious concerns about its security a few years ago. Will the Minister please advise the House to what extent he has discussed this with the Electoral Commission, and whether he has reviewed the role of the certification officer with that of the Electoral Commission in the conduct of ballots? In that regard, if in the future we wished to move towards electronic voting generally, could this be effective for unions under existing legislation, such as the provisions in section 54 of the Employment Relations Act 2004? In other words, are the e-voting amendments required at all?

If only because of the technological changes, this has been a useful debate. However, I am not yet convinced, in terms of security, that the proposals are the correct way to go at the current time.