(9 years, 2 months ago)
Commons ChamberMore than that, I think the slightly shifty looks on the faces of many Government Members demonstrate that they know they have been found out. They have been rumbled.
It is abundantly clear that, whatever protestations we may have to the contrary, Vince Cable’s analysis explains what is really going on with this disgraceful piece of proposed legislation. Perhaps that is why so few people will defend it. Even Government Ministers will not defend it in public, as this tweet from “Murnaghan” revealed on Sunday:
“We asked the Government and the @Conservatives for an interview with any Minister/MP to defend the Trade Union Bill. No one was available.”
They do not want to be questioned about it. Like all authoritarians, they just want do it as quickly as possible and brook no dissent.
The right to be part of a trade union to campaign for protection at work is a fundamental socioeconomic right. It is enshrined in the UN’s universal declaration of human rights and the international covenant on civil and political rights.
No. I have given way a lot of times and I am in the middle of the peroration.
Before I was so rudely interrupted, I was just about to say that the Bill rides roughshod over that right. It threatens the basic options that those at work have to safeguard their pay and conditions by standing together to win improvements. Liberty, Amnesty and the British Institute of Human Rights have all said that the Bill’s purpose is to
“undermine the rights of all working people”
and amounts to a
“major attack on civil liberties in the UK.”
That warning should not be dismissed lightly by the Conservative party. Workers’ rights to freedom of expression, freedom of assembly and freedom of association are all undermined by the Bill. For example, the requirement forcing workers to disclose media comments to the authorities a week in advance or face a fine and the requirement under clause 9 for picket supervisors to register with the police and wear identifying badges are a dangerous attack on basic liberties that would not be tolerated by the Conservative party if they were imposed on any other section of society.
Remember that it is now known that thousands of people in the building trade have had their livelihoods taken away and their lives ruined by illegal employer blacklisting, a scandal that this Government have failed either to pursue or remedy. The Bill has been criticised for being OTT, with parts of it resembling the dictatorship of General Franco. Those are not my words, either, but the words of that noted Marxist agitator, the Conservative right hon. Member for Haltemprice and Howden (Mr Davis).
That sinister intent needs to be added to other attempts by the Government to curb dissent in our country today. They have restricted access to justice by imposing fees to access the courts, which are causing the innocent to plead guilty. They want to scrap the Human Rights Act, which safeguards our basic freedoms. Their commitment to transparency in Government is in tatters with their plans to limit freedom of information powers. They have slashed legal aid and introduced employment tribunal fees, which deny women the chance to sue for equal pay or defend themselves against sexual harassment. They have limited the scope for judicial review and used their gagging law to bully charities into silence at the election, and now they are trying to silence the trade union voice through a tax on the existence of political funds, which finance general non-party political campaigning as well as the Labour party.
This is another gagging Bill, and those of us who care for the health of our democracy and civil society are united in opposing it. Clauses 2 and 3 are deliberately designed to undermine the bargaining power of trade unions by requiring minimum turnouts, thresholds and support before a strike ballot is valid. The new proposals demand a mandate for unions that breaks the democratic conventions of our society by counting votes not cast as essentially no votes.
More than half of the Cabinet would not have met that arbitrary threshold had it applied to their election to this House in May. Why do the Government have different standards for democracy and trade unions than anywhere else in our society? Clause 3 ensures that the 40% level of support restriction will apply to a much bigger list of sectors than the internationally recognised definition of “essential services” and, ominously, allows sectors to be added by secondary legislation that is as yet unpublished. From listening to the Secretary of State, it appears that the Government do not intend to publish it until the Bill is in the Lords.
If the Government are so worried about participation in ballots, why do they not allow e-balloting and secure workplace balloting, which are used routinely by many organisations? Clauses 4 to 6 might more usefully be described as the clauses that smother unions in “blue tape” and the hypocrisy of the Business Secretary in this respect is staggering. In July, he launched his drive to cut red tape, yet when it comes to unions he is increasing the powers of the certification officer and deliberately placing additional information and reporting burdens on unions. Not content with doing that, the Government, through clauses 12 and 13, are reducing the ability of trade union officials to do their jobs with the introduction of new powers to restrict facility time.
It is not hard to come to the conclusion that these proposals have been written to be as unworkable and difficult to comply with as possible. They also create many more opportunities for ballots to be challenged by employers for minor technical reasons. Again, it is clear that the increased risk of employer challenge is an integral part of the Government’s intentions.
We will have to have a chat about whether the Labour party should organise in Northern Ireland. It is a long-standing issue within our party. I would be more than happy to talk to the hon. Lady about that, but I suspect Madam Deputy Speaker would stop me from doing so over the Dispatch Box.
We all know that this Government—barely with a majority—increasingly behave in a grossly partisan way, whether it is through individual electoral registration designed to disfranchise voters, by introducing English votes for English laws, or now by making changes to party funding to try to hobble the main Opposition.
That is something I thought I would be unable to do; I am grateful that my persistence has paid off. The motivation behind this Bill has nothing to do with the things that the hon. Lady has just mentioned; it is to do with protecting and helping ordinary hard-working people to go about their day-to-day lives and their work unimpeded by strike action, which sometimes has turnouts as low as 16%. It is reasonable to protect them, and I ask the hon. Lady to support that
Disillusion has set in very quickly, I am afraid, with the hon. Gentleman. All I can say is that I am a long-standing member of a trade union, so I know many trade unionists, and I know that very few of them would contemplate being silly enough to have industrial action with very low turnouts and very little support, because that simply does not work.
The Prime Minister used to say he wanted to reform party funding and would limit donations from all sources. Now, however, instead of addressing the big money in politics—and the big issues that are causing disillusionment from politics generally—with millionaire hedge-fund donors being treated to lunches and dinners with the Cabinet, this Government are, outrageously, focusing on curbing only trade union donations. There is an important issue about big money in politics, but it needs to be dealt with on a cross-party basis.