Trade Union Bill

Angus Brendan MacNeil Excerpts

Monday 14th September 2015 Commons Chamber

[Ms Eagle]

My message is that the Mayor should start doing his job and help to respond to the dispute.

There is no necessity to employ the law in this draconian way, especially when this country already has the most restrictive trade union laws in Europe. The Chartered Institute of Personnel and Development, the trade group for the human resources sector, has criticised the Bill as an “outdated response” to today’s challenges, commenting that the

“Government proposals seem to be targeting yesterday’s problem instead of addressing the reality of modern workplaces”.

[Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)]

Does the hon. Lady not find it amazing that 99% of the time the Conservatives go on about regulation and red tape in business and the workplace? What are they trying to do now but introduce regulation and red tape unseen in Germany, Norway or other major economies of Europe? This is just a symptom of low-pay Britain.

[Ms Eagle]

I shall come on to the smothering of trade union administration in what I will call “blue tape” later in my speech. I agree with the hon. Gentleman and I hope that he will join us in the Lobby tonight to vote against the Bill.

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[Chris Stephens (Glasgow South West) (SNP)]

I rise in total opposition to this Bill. Let me declare my Unison membership and my 20 years of trade union activity before my election. In my maiden speech in this place, I said:

“The trade union movement gave me a political education and the confidence to stand for election, and I know that this experience is shared with other Members who did not have a privileged start in life.”—[Official Report, 4 June 2015; Vol. 596, c. 832.]

I will never be ashamed of being a trade unionist.

The irony of this Bill is that it comes from a political party that believes the answer in today’s world is to deregulate—except in the case of the trade union movement and trade union law. The unions are subjected to heavy regulation, which the Tories bitterly oppose in other circumstances. This is a timely reminder that this Government fear the trade union movement and that this Government know they can be defeated. That is because the trade union movement is the largest group in civic society that stands up against exploitation. The Bill will lead to a deterioration of good industrial relations and it has no support within public opinion. It is designed to reduce civil liberties and human rights.

The Bill also displays a remarkable ignorance—we have heard about that from several speakers already. The Government attempt to justify this Bill by citing industrial action that actually meets the thresholds. The Bill seeks to introduce the 40% rule, but I think it is dangerous for this Government to introduce that rule because the last time a Government tried to introduce such a rule, which affected Scotland, they had a low majority and they ended up being kicked out in a vote of no confidence. We will have the situation where dead people will be described as “not supporting” industrial action. That is why the thresholds are dangerous.

[Mr MacNeil]

Does my hon. Friend not think it even stranger that the 40% threshold is demanded by a Government who got only 24% of the electorate vote overall and only 10.5% of the electorate vote in Scotland? They were rejected by 90% of the voters of Scotland.

[Chris Stephens]

Yes, I agree. In Scotland, at the last election, the Conservative party received its lowest share of the vote since universal suffrage began. If the Government are going to introduce thresholds, they need to consider securing workplace balloting, which could be easily sorted out by Electoral Reform Services, or online voting. Political parties use online voting when selecting their candidates, so the suggestion that there might be fraud is nonsense.

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[Jo Stevens (Cardiff Central) (Lab)]

I draw the House’s attention to my entry in the Register of Members’ Financial Interests, and to the fact that I am a member of the GMB and Unison.

This Bill is illegal, illiberal and illiterate: illegal because it contravenes international standards; illiberal because it takes a hatchet to civil liberties; and illiterate because it is badly drafted and will leave the law in a mess, creating uncertainty and cost not only for trade unions, but for employers. The reason it is so badly drafted is that it is a crudely partisan measure that the Conservative party is seeking to rush through for purely political ends.

Why are we debating the Bill today? Is there any urgency for these provisions, or any demand resulting from the parliamentary timetable? No, there is not. We all know why we are here today. We are here today because the Government deliberately timetabled the Bill’s Second Reading to coincide with the first full day of the Trades Union Congress, when those MPs who are proud trade unionists, as I am, would have been in Brighton talking with working people about the issues that really matter, such as low pay, zero-hours contracts, inequality and insecurity at work. Instead, we are here to discuss this shabby, shameful Bill. That shows the Government’s contempt not only for trade unions, but for democracy.

The Bill was published on 16 July. Consultations were scheduled to take place over the summer recess and closed only five days ago. This debate was scheduled for today even though the Bill is incomplete and the Government have accepted that it will require many amendments. The clearest example of that is on the deduction of union subscriptions. On 6 August the Minister for the Cabinet Office and Paymaster General announced the Government’s intention

“to abolish the practice of checkoff across all public sector organisations”.

He announced that those changes would be in the Bill, so where are they? Where are the proposals and the draft clauses? They are nowhere to be seen. There is neither a timetable for publication of those clauses, nor a commitment to any period of consultation. The Bill is a disgraceful attack on the right of employers and unions to freely negotiate arrangements that best secure constructive industrial relations.

Before being elected to this House, I was a director of a significant private sector employer, responsible for industrial relations with around 1,000 members of staff. We recognised a trade union to represent our staff, to collectively bargain on their behalf, to represent their interests and to ensure that we could discuss with them any changes necessary for the continued success of the business in the best interests of staff. To do that, we had check-off and facility time in place. As we have heard from many Members today, deductions from payroll are a common way for employers to help employees with regular payments. Many Members make payments to charity through our payroll and the Independent Parliamentary Standards Authority. It is good enough for them, but it seems that it will not be good enough for trade union members. Check-off arrangements worked for us as an employer and for our staff, and it was freely agreed. Many employers in both the private and public sectors feel the same.

I will finish with a point about devolution and the inadequacies of the Bill. The Bill deals with public services that are devolved to Wales, including the way public sector bodies work with trade unions to ensure effective delivery of services to the public, including my constituents in Cardiff Central. Therefore, I ask the Secretary of State to heed the warning from my Labour colleague, the First Minister of Wales, that there are necessary and critically important changes that must be made to the Bill. But I would go further. It is an unnecessary, dangerous and flawed Bill.

[Mr MacNeil]

Will the hon. Lady give way?

[Jo Stevens]

I will not give way.

I urge the Government to listen not only to me and to my colleagues on the Opposition Benches, but to the business community, civil liberties organisations, respected academics, trade unions and, most importantly, the public—

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[Owen Thompson (Midlothian) (SNP)]

For the record, I am not, and never have been, a member of a trade union. I want to bring to the debate my perspective as a former council leader at Midlothian council, where I worked closely with the local trade unions. In that role, essentially working between the management and the unions, I saw the real benefits and genuine improvements, which we can never take away from, that trade unions can bring to their members and wider society.

I have always found that working together across disagreements and towards a common goal is the best way to achieve success, not the Dickensian-style sledgehammer proposed in the Bill. When even Conservative Members are referring to the Bill as “Franco-style”, we have to recognise that there is something seriously wrong. In Midlothian council, by working closely with our trade unions and negotiating between the unions and the management, and thanks to the SNP Administration, we were able to introduce a living wage—a genuine living wage, not the pretend one the Government are trying to palm off on people—within a few months of coming to office in May 2012.

That is not the only thing we managed. We worked closely with union representatives to deliver a non-compulsory redundancy policy that allowed further staff development. By doing so, we engaged the unions when it came to the difficult budget decisions necessary as a result of the Government’s austerity agenda. The Bill, by alienating trade unions and making it almost impossible for them to operate in a reasonable environment, would utterly threaten that approach and completely undermine the positive progress that is possible when people work together.

Only this afternoon, a group of scientists employed at the Centre for Ecology and Hydrology in Midlothian had to take the unprecedented step of strike action. These are members of the Prospect trade union who felt there was no choice left other than to take strike action. These are not the kind of people many Government Members have talked about—they have painted a picture of bully picket lines and monstrous picket actions—but workers who have tried all other possible measures and felt they needed to take strike action for the first time in over 30 years.

[Mr MacNeil]

My hon. Friend is indeed giving a different perspective from the other side of the table from the trade unions. Does he agree that in Scotland this law is not needed or wanted and is in fact an alien law that will create difficulties rather than help?

[Owen Thompson]

I absolutely agree with my hon. Friend. In fact, many of the issues raised could be dealt with through general legislation rather than a specific trade union Bill.

--- Later in debate ---

[Rebecca Long Bailey (Salford and Eccles) (Lab)]

I declare an interest in this debate as a proud member of my trade union Unite.

The freedom to speak out against injustice and to campaign for economic equality and the rights and freedoms of workers is underpinned by the European convention on human rights—rights that were bitterly fought for by the blood, sweat and tears of our ancestors. The Government claim that they are forced to amend those rights, and we are led to believe that that is because the number of strikes called in recent years is a threat to our economic wellbeing. The total number of days lost in the 12 months preceding April 2015 was 704,000, but before the House becomes hysterical about that, it is important to note that historically that figure was in the millions. In fact, we are experiencing an all-time low for strike action, and it is at its lowest level since before 1990. The simple truth is that workers do not take the decision to strike lightly, and they never have.

Is this Bill justified? The European convention clearly states in article 11 that a restriction on the right to strike would be judged by reference to whether it is

“necessary in a democratic society”.

With strike action at an all-time low. I see no legal justification for such savage stripping of fundamental democratic rights.

Let us leave human rights to one side for a moment and examine the next strand of the Government’s argument, which is that trade union activity and the right to collectively bargain poses an economic threat. That is simply not the case. Evidence provided by the New Economics Foundation recently concluded that as a wage-led economy, the UK’s prosperity depends on a substantial share of the national income going to wages. If we look at wage equality over the last four decades, we see that while many employers are equitable, a substantial number are not. Those employers share less of the profit that they generate with workers, and they do not alternatively invest that money in future industrial strategy. It is therefore critical that organisations that champion collective bargaining are able to represent their workers, and that those workers have the right to bargain collectively for their share in company and national revenue.

[Mr MacNeil]

Will the hon. Lady give way?

[Rebecca Long Bailey]

I apologise but I must make progress. I am conscious that a lot of Members wish to speak.

I stress that such rights are not simply to improve workers’ living standards, but to enable the functioning of the economy as a whole. If wages continue to fall in real terms that implies a shrinking of the market. That inhibits profit and growth, and results in a vast reduction in the amounts recoverable in taxes by the Treasury. Indeed, proponents of the competitive market—including those on the Government Benches—would do well to understand that intrinsic to its very existence is not just the supply and demand of labour, but the freedom of labour to move and organise. Members who are fans of the free market mantras of Milton Friedman and co. will no doubt notice a real contradiction in terms. On the one hand, the Government advocate freedom and deregulation of company activity in their promotion of free market ideologies, but when it comes to the activity of workers it is a completely different story.

It is clear that the arguments in favour of this Bill do not stack up. This Bill is a clear breach of the European convention and poses a real and present danger to our economic viability as a nation. I call on Members to reject this Bill today. Failure to do so will open an economic and democratic Pandora’s box that unleashes something so pernicious that we will not be able to close the lid again.