Trade Union Bill

Baroness Primarolo Excerpts

Monday 11th January 2016 Lords Chamber

[Baroness Primarolo (Lab) (Maiden Speech)]

My Lords, I speak for the first time in your Lordships’ House, like my noble friend Lord Livermore, with some nervousness. I am fortunate indeed to have been given the privilege and opportunity of joining your Lordships’ House, and I am grateful for the warm welcome that has been afforded me. I would like to thank my two distinguished supporters, my noble friends Lord Monks and Lady Royall. Both are experienced and respected Members of your Lordships’ House, and their advice and guidance is invaluable to me. I would also like to thank the staff who have been so helpful in advising me on procedure and protocol, although of course I should add that any mistakes today are entirely mine.

For the last 30 years, I have represented the good people of Bristol South, first as a councillor for Windmill Hill and then as the MP for Bristol South. My constituents, or those who were my constituents, are fair-minded, straight-talking, resilient, resourceful people who have modest aims: a decent job with fair wages, security for their families, the opportunity through education to improve their lives, and decent healthcare. They believe that these aspirations should not just be the preserve of those at the top of the tree but should be on offer to everyone: an economy where rewards are fairly shared.

It is of particular interest to me, therefore, that the Government are seeking to change the law governing trade unions. It is worrying that, whether intentional or not, the effect of the Government’s measures will be to weaken the rights and ability of already vulnerable workers to defend themselves from predatory and exploitative employers. By undermining the trade unions, as my noble friends have already eloquently identified in their contributions, there is a huge gap between the Government’s explanation of their intentions and the details of this Bill.

Noble Lords will know from recent revelations what can occur when workers are powerless to stand up to employers who have no conscience and no scruples. Unfortunately, some employers push beyond the bounds of decency. Look at Sports Direct. In pursuing profit, expansion and success for the company, it has deployed unacceptable employment practices. The absence of a trade union means that employees have no voice and no one to represent them, and are unable to do it themselves for fear of victimisation. Desperate to keep their job, they suffer degrading and humiliating conditions, and their relationship with their employer resembles that in a Victorian sweatshop.

As has been acknowledged in earlier contributions, trade unions do not just provide the defence against these unscrupulous employers but play a positive role in partnership with employers in the workplace. Through the workplace they facilitate improving skills, productivity and the quality of services. Their common aim with employers is a high-value, highly trained, fairly rewarded workforce in a thriving economy. They seek fair pay, safe working conditions, and security and safety in the workplace—aims that I am sure we would all agree are just. I do not think anyone is suggesting that the Government are seeking to create workplaces where the employer has unchallenged control of work practices and can exploit the workforce, but it may be the unintended consequence of these measures—if we are to be generous.

Weakening the organisational capacity of trade unions also threatens an important element of our democracy. When employers and trade unions can agree on check-off, why do the Government need to intervene? When employers and their workers are in disagreement and are negotiating a way forward with trade unions, why do the Government think that they alone know best and can override those structures? Why do the Government seek to curtail trade union rights and activities? By undermining the right to strike action, the Government could unintentionally damage the incentives for employers to listen to their workers, resolve disputes and engage in constructive relationships with trade union representatives. Employees being treated fairly at work and having someone to speak up for them and make sure that they are not denied their rights is a fundamental part of our democracy.

Constructive partnerships between employers and employees are about putting in place agreed boundaries: boundaries for employers to make sure that decency, respect and equality is the hallmark of the working environment; boundaries for trade unions to negotiate in good faith in representing their members. The Government are in serious danger of undermining this partnership by weakening trade unions and damaging the incentives for employers to engage in constructive talks with trade union representatives or, worse, removing the boundaries of acceptable behaviour in the workplace, which opens the door to the unscrupulous.

Your Lordships will know that there is a wider principle at stake here. Our liberal democracy is built on a foundation of tolerance: of citizens professing reasonable but conflicting views living in tolerance of those with whom they do not agree; where the strong do not exploit the weak; where the majority does not overwhelm and abuse the minority; where we respect the rights of citizens to disagree and we value difference. Sadly, the Government’s proposed trade union legislation is illiberal, potentially punitive and therefore damaging to our democracy.

I sincerely hope that the Minister will think again and significantly amend these proposals, and that your Lordships’ House will deliver a fair and balanced Bill reflecting modern, progressive workplaces.