Baroness Neville-Rolfe
Main Page: Baroness Neville-Rolfe (Conservative - Life peer)(8 years, 8 months ago)
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The Parliamentary Under-Secretary of State, Department for Business, Innovation and Skills and Department for Culture, Media and Sport (Baroness Neville-Rolfe) (Con)
My Lords, I thank the noble Baroness, Lady Wheeler, for her clear, comprehensive and relatively succinct introduction to this enormous group. It is plain that the sense of the Committee is that there are concerns about Clause 14, for reasons that have been fully debated. However, we have looked carefully at the clause and the amendments, and I will try to explain our thinking in a clear and objective fashion.
It is important to note that check-off was introduced in a very different time when bank accounts were not common and workers were paid in cash. We are now in a modern era of online banking, where public sector workers’ wages are almost all paid directly into bank accounts and direct debit is the obvious alternative. The average consumer already has six direct debits. This is the direction of travel, as my noble friend Lord Leigh said. An advantage of moving to direct debit is that a union and its members will have a direct subscription relationship without any need for a public sector employer to be an intermediary.
It is, of course, about the public sector that we are talking, to respond to my noble friend Lord Forsyth. If we were designing a union membership payment method today from scratch, no one would choose to put the employer as an intermediary in the subscription relationship between a union and its members.
Baroness Neville-Rolfe
I suspect that if it was starting now, rather than 100 years ago, things would be different because of the direction of travel.
Baroness Wheeler
The Minister said she would be clear and objective. Will she state what evidence she has been given for saying that that would be the case?
Baroness Neville-Rolfe
I think we have set out clearly in our impact assessment and elsewhere the way things are going. There is clear evidence that there has been a big move to direct debits, internet banking et cetera. I do not think anyone could dispute that. As a former employer in the private sector, I was thinking that if one was setting out on this today, one would not necessarily do it in the same way.
Lord Collins of Highbury
I shall give the Minister a simple fact. She talked about Tesco. She was part of a partnership arrangement. Can she tell me how old that arrangement is and how important payroll deduction is to it? In my memory, it is relatively recent.
Baroness Neville-Rolfe
I think check-off existed for a number of years at Tesco, long before I arrived. We had the partnership agreement to which the noble Lord refers in the late 1990s, and I was involved in that. Check-off is part of the arrangements. In the Bill, we are not seeking to regulate the private sector; we are talking about the public sector, and there is a cost which is set out.
Lord Mendelsohn (Lab)
The Minister has been very clear about the notion that there is evidence of the direction of travel. Is she suggesting that the direction of travel—meaning that more people use internet banking, perhaps on their phones, or direct debit—is the introduction of technology, and therefore it is just the direction of travel of technology that is being raised here? There has been a massive expansion in the use of payroll deductions for a variety of things from bicycles to charitable donations. Does that indicate another direction of travel—the velocity of the things that have been introduced? What is the particular evidence that there is a direction of travel which is unique and distinct and obviates the opportunity for choice to be exercised?
Baroness Neville-Rolfe
The noble Lord is right in saying that the direction of travel is driven by digital change—I am not disputing that—and that a fair number of things are deducted at source. However—and I am trying to find my notes—they nearly all have tax or national insurance involved.
The Earl of Courtown (Con)
My Lords, I do not wish to be discourteous to the Committee in any way, but there have been five or six interruptions so far and the Minister has been on her feet for four minutes. If she is allowed to make just a little bit of progress, perhaps during the course of that progress she will be able to respond to some of the questions being put.
Baroness Neville-Rolfe
I am grateful to my noble friend. We are debating check-off in relation to Clause 4. The Public and Commercial Services Union on its website quotes a member who said of direct debit:
“It’s the easiest way of paying my union subs. You know then that it’s going to get paid because you’re not dependent on your employer taking it from your wages. I think it’s better”.
I agree with that.
Public sector employers, where they are funded by the taxpayer, have no place in shouldering the administrative burden of collecting trade union subscriptions. Even where the union pays the employer for the service, it remains the employer’s responsibility to manage the payments, and if the employer gets it wrong, it could be taken to an employment tribunal.
Unite, UNISON, GMB and PCS already accept direct debits, and some unions have already modernised their arrangements and accept only direct debit payments. Direct debits are easy to set up, and they offer excellent consumer protection. The majority of adults in the UK use them, and many organisations consider it their preferred method of receiving payments, such as utility providers who offer customers a discount if they pay in this way.
I thank my noble friend Lord Balfe for setting up a meeting with officials from some small trade unions. What struck me was that they felt that direct debit was the way forward and that some of them had already modernised their arrangements and no longer use check-off. The unions I met included the FDA, Accord, Prospect, the Association of Teachers and Lecturers, the National Association of Head Teachers, the British Dental Association and others.
Modern employment practices are seeing more fluidity in the workplace. As Prospect says:
“Many Prospect members change jobs frequently, or have periods of unemployment between contracts. If you’re moving on, you don’t have to resign your Prospect membership. We can stay with you during those times”.
At Second Reading, I said that I was in listening mode, and we have listened to some of the concerns raised about implementing this change and allowing a sufficient transition period. So to reply to the noble Baroness, Lady Donaghy, we announced in the other place that the regulations on check-off would not come into effect until 12 months after the Bill received Royal Assent. This will give unions double the time we originally proposed—a full year—to encourage their membership to move over to paying their subscriptions by direct debit. That is on top of the time unions have already had since the proposal was first announced last August. It is one of the many reasons why we do not accept the assertion that the proposal offends human rights or hinders union activity. It is about a change of subscription method over a full year and, as we see it, does not engage the European Convention on Human Rights. It is right that unions should adopt modern subscription practices to reflect the changing needs of all their members. No new entrant to the job market would expect only ever to have one employer these days. Check-off is not well suited to meeting the needs of a diverse and fluid workforce.
We heard at Second Reading that check-off benefited employees as it made sure that they ceased being a union member when they left employment, but all the large trade unions offer specific memberships for retired members, and trade union membership is not restricted to those who are still working.
Noble Lords have claimed several times that the prohibition on check-off will affect those without bank accounts. I have not seen a great deal of evidence that such public sector workers exist outside the hypotheticals—and we are talking about the public sector—but even if a few members still do not have bank accounts, I am sure that a union would be prepared to accept cash or alternative payment arrangements, although this would be very much a matter for the union. Even basic bank accounts now allow direct debits, and of course if you are online you can cancel a direct debit when you need to, which has represented progress in banking. More householders than ever now have bank accounts, and the check-off impact assessment referred to the wider Bill impact assessment that was published at the same time. The impact on union members will be minimal as they will have, as I have just said, 12 months to switch to direct debit.
Lord Mendelsohn
I am finding difficult the suggestion that there is now some prescription that direct debit is the only method that should be used. Putting aside the issue of choice and the fact that direct debit does not appear at all in the Bill as a solution, I would like to give an example and get the Minister’s view on the following: in the Government’s evidence about the propensity of people to use payday lenders, one of the extraordinary features of those people who have very little who use payday lenders was that they remove direct debits from their bank account so as not to suffer the penalties as a consequence of it. Many of those were low-paid workers and will have been in the public sector. In those circumstances, where it is better to have this deducted at source when the money comes in rather than having an impact on their bank account where there may be a detriment, should those people not have a choice as to where and how they should be able to pay their union deductions?
Baroness Neville-Rolfe
My Lords, the noble Lord makes a fair point. Having said that, the growth of direct debit in lots of areas has continued. As I have said, I do not think we are ruling out a union accepting cash or alternative payment arrangements. We are trying to make a change of direction here within the public sector.
I was going on to say that we debated Clauses 12 and 13 earlier this week, and I indicated then that I would go away and think about concerns relating to which organisations would be in scope of the facility time regulations, so I will not seek to delay the Committee by trying to answer all the related questions that have been asked today in that area.
I should, however, turn to Amendments 94 and 97, both of which seek to limit the employers within scope of the regulations. Amendment 97 in particular would carve out our largest public sector employer, the NHS, plus local authorities, thus excluding large swathes of the public sector. Obviously, that would not deliver on our commitment to ban check-off. As I said earlier in the debate, we are looking at the impact of the skeleton regulations that we sent to noble Lords earlier this week.
Lord Beecham
Will the Minister explain why it is deemed necessary to impose a new arrangement on two parties, a public sector authority and a trade union, that are perfectly agreeable to operating a check-off scheme? Why is it necessary for the Government to intervene in a situation where both sides are satisfied with an arrangement, on the basis that there will be no cost to the employer? If the Government’s provision is good enough for the public sector, why are they not seeking to apply it to the private sector? What is the difference?
Baroness Neville-Rolfe
My Lords, the difference is that the cost falls on the public sector.
Lord Beecham
But the premise—the burden of the amendments that we are discussing—is there would be no cost to the public sector employer.
Baroness Neville-Rolfe
The answer is that I think the impact assessment says there is a cost of £7.2 million. I was seeking to answer the question that had been raised.
Amendment 92 would allow check-off to remain and replace the prohibition with a statutory obligation for ACAS to create a code of practice. As part of that, payment for a check-off service would be recommended as best practice. I return to the points made on earlier amendments: this would not deliver the commitment that we have made to prohibit check-off across the public sector. As it would not be a mandatory requirement, some organisations, as I think we have heard today, might choose not to do it while others might do so, and then one would have an inconsistency of application.
I am, however, grateful to my noble friend Lord Balfe for Amendment 93, which seeks to help us by allowing check-off to be retained wherever the employer is reimbursed. However, even where the service is paid for, I cannot accept that it is appropriate for a public sector employer to be the intermediary of the subscriptions relationship between a union and its members.
Lord Cormack
My Lords, I am very sorry to interrupt, as we have had a long debate. I make an appeal to the Minister: from virtually every speaker in all parts of the Committee we have heard a plea that I myself tried to put into one word, which was echoed by the noble Lord, Lord Monks: “choice”. Can she not go away and come back on Report, having reflected on the virtually unanimous opinion of those who have taken part in this debate? We are not asking her to trash a manifesto commitment—far from it. We are merely asking her to be a little bit flexible where she is insisting upon inflexibility.
Baroness Neville-Rolfe
I thank my noble friend for his intervention. I have said from the very beginning that we are listening during this Committee stage. Having said that, it is only right that I set out clearly the reasons why we believe that this clause is the right one and is needed, which is what I have been seeking to do. I think that I am nearly through. I am sorry that I have not been quite as succinct as the noble Baroness opposite.
Lord Campbell-Savours
Could the Minister answer this question, which I have great difficulty in understanding? Why is it permissible for check-off to exist in the case of charities, BUPA and all the organisations set out by the noble Lord, Lord Balfe, but not in the case of trade unions?
Baroness Neville-Rolfe
I have already sought to answer this question. Deductions for things such as pensions, childcare vouchers, Cycle to Work and all the other things that have been mentioned have tax or national insurance implications so it makes sense for them to be made through payroll. The collection of union subscriptions should be the concern of trade unions rather than of tax-funded employers. That is the difference.
Lord Collins of Highbury
It is a long time ago for me but I remember that part, if not all, of the subscription for craft unions in particular was treated for tax purposes and was declarable in terms of being alleviated—professional fees as part of a trade union subscription. Where that applies in the public sector, will it no longer apply?
Baroness Neville-Rolfe
I am not sure I entirely understand the point. If I may, I will reflect on it.
Lord Forsyth of Drumlean
I am sorry—I am irritating my noble friend by intervening. I am just worried about this principle that the Government think it should be a matter of law that there should be deductions only for things which have tax implications. Does that mean we can look forward to the Government bringing forward legislation to stop people having deductions for Christmas clubs and suchlike?
Baroness Neville-Rolfe
I thank my noble friend. I am not making any commitments about government policy in any of these areas. I am seeking to explain that there is a difference of logic—perhaps not very effectively, but I am trying to do just that today.
I was trying to respond to the noble Baroness, Lady Donaghy, about contractual rights. Amendment 95A seeks to allow check-off to remain where employees have a contractual right or where there is a collective agreement in force which guarantees it. I do not think that that applies in many areas but there are some examples in local government. The prohibition would of course not be fully effective if we could not ensure that it applied consistently to all public sector employees. However, any modification would apply only retrospectively, from when the regulations came into force. It relates only to those very specific aspects of what has been collectively bargained. This is entirely reasonable and proportionate.
Amendments 123A and 124A seek to delay the removal of check-off so that Clause 14 would not come into force for five years. As I commented earlier, we have doubled the amount of time members would have to bring in the changes. This should be more than enough time for unions and members who have not already done so to transition to direct debit.
Finally, I turn to the comments made by the noble Lord, Lord Kerslake, and to his amendment. I am not sure that I should say this but as an ex-civil servant, I was rather shocked to hear of private exchanges between him and the recent former Minister on this matter. However, his amendment is not quite what we are looking for, because it allows for check-off effectively to be put on a statutory footing. This would prolong this method of payment, preserving the status quo and delaying the modernisation that we seek to provide, so I cannot agree to it. In fact, requiring all employers to do this could be seen to be anti-localism, in effect. It does not seem to fit the bill today.
I have covered the main amendments. We have had a long and useful debate and I am grateful for the opportunity to address some of the concerns. I ask that the amendment be withdrawn.
Baroness Wheeler
My Lords, I thank the Minister for her response. This has been a powerful, detailed and consensual debate. She says that she is in listening mode and I will carefully read her comments in Hansard, although I am sorry that she has not felt able to respond to the consensual nature of the debate. In fact, the only thing she has listened to is the issue concerning the implementation date, and she has not moved on that because we knew that the Government were moving implementation from six months to a year anyway. Therefore, there has not been any movement. I seriously struggle to detect any real change in the Government’s fundamental understanding of the role and work of trade unions in a modern society, or their simplistic consideration of the two options only approach in their check-off ban.
As speaker after speaker has demonstrated, the proposals are unfair, unjustified and unworkable. They have simply not been thought through. The Government have failed to address the Joint Committee on Human Rights’ call for objective justification of the proposals. The Minister simply has not addressed the arguments that have been made across the House. We have had support throughout the House: from the Lib Dems, from the Cross Benches—from my own Benches, obviously—from all noble Lords. I thank them, particularly the noble Lords opposite for the range of support and opinion that they reflect. It is a particular first for me to have such unequivocal support from the noble Lord, Lord Forsyth. His analogy regarding the Conservatives’ reaction if they sought to ban contributions to private health insurance was telling and appropriate. He mentioned the review of the noble Lord, Lord Strathclyde. I draw his attention to the debate we had on Tuesday on facility time. Clause 13 seeks reserved powers over capping facility time, which the Government say they will not use unless they have to. The Minister observed that the affirmative procedure would be used in that case. Therefore, we are in quite a bit of difficulty.
I will not go into all the arguments again. It is frustrating that the Minister has not been able to address the consensual nature of the debate, for which I am certainly very grateful. This is about fairness and justice. Amendments 92 and 93 provide the reassurances that are needed if the Government’s agenda is openness, transparency in procedures and costs and no burden on the taxpayer. If these amendments are supported in principle, the Government could succeed in achieving their objectives. They would in fact be regulating a system that regulates itself pretty well already, which is an interesting position for a Government who declare an abhorrence of red tape to be in. However, aside from that issue, if they do not support the amendments or move towards accepting them in principle, the only conclusion to draw is that they want to destroy effective trade union organisation, to prevent unions representing their members in the workplace and to attack and seriously weaken their finances. This issue is vital to the future of industrial relations, trade unions and their members, and as noble Lords across the House have said, it is about members’ choice. The Government are offering a top-down solution to a problem that does not exist. We will pursue the issues raised today with vigour and determination on Report, and with that I beg leave to withdraw the amendment.