Boris Johnson
Main Page: Boris Johnson (Conservative - Uxbridge and South Ruislip)Department Debates - View all Boris Johnson's debates with the Department for Education
(9 years, 2 months ago)
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Alan Johnson
My hon. Friend, a good gas fitter in his time, makes a good point.
The hon. Member for Elmet and Rothwell (Alec Shelbrooke) is an exception, but many Government Members do not have sufficient experience of dealing with employers and trade unions and of needing a trade union to defend them. We know that the Lord Chancellor and Secretary of State for Justice was once on a National Union of Journalists picket line in Aberdeen, but I think the Red Gove period did not last very long. I think he is practically alone in the Cabinet in having that experience.
There are many aspects of the Bill that I hope will be dealt with in Committee. It deserves the scrutiny it will get from Opposition Members when its passes through Second Reading—I hope it does not get a Second Reading, but I fear the worst—but its primary purpose is to introduce stringent restrictions on trade unions’ ability to take industrial action, so the first question has to be why. As hon. Members have said, we have gone from an average of 7.2 million days lost to industrial action each year in the ’80s to 647,000 since 2010. That is a spectacular reduction. On average, a unionised British worker will take strike action for one day every 15 years, and the duration of that action is likely to be one day.
Alan Johnson
It just so happens that that particular Member was trying to intervene on me. I gladly give way to him.
Boris Johnson
I am happy to inform the House that the previous Mayor met the leader of the RMT only once, reportedly called him a gangster and sacked him from the board of Transport for London. May I ask the right hon. Gentleman—and, for all I know, relative—to acknowledge that the reason the Government are bringing forward this serious and, in my view, sensible Bill is that we have too many wildcat strikes, particularly in the transport sector? He began by saying that no other country in Europe would bring forward such proposals. Can I tell him—[Interruption.]
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. The hon. Gentleman should receive the same courtesy as every other Member of the House while he makes a brief intervention.
Boris Johnson
I tell the right hon. Gentleman that not only do many European countries have restrictions and insist on minimum service requirements during strike action, but some countries ban strike action altogether, notably the United States, where 39 out of the 50 states ban mass transit workers from going on strike. He should also know that in Germany, which somebody mentioned earlier, there is a ballot threshold of 75%. These measures are entirely sensible and will prevent the abuse of working people.
Alan Johnson
I think that could be described as a wildcat intervention. Let me tell the hon. Gentleman that the result of this legislation will be more wildcat strikes. Yes, there are other countries where people are not allowed to strike. Postal workers in America, for instance, are not allowed to strike. In this country, prison officers and the police are not allowed to strike. In every single system like that, there is a process of employment relations and a process to air grievances that give a distinctive advantage to those industries in getting a result. According to the Secretary of State, the Bill does not say that there are industries in which strikes should not take place; it is an effort to affect millions of trade unionists and inhibit their right to strike because of a dispute involving a few thousand people at London Underground. That is the truth of the matter.
Alan Johnson
That is an extremely important point. Another important statistic is that one in five industrial action ballots does not lead to any industrial action being taken. That tells us, among other things, that trade unionists do not take industrial action when the support is lukewarm.
What is interesting to me is that there is nothing in this or any other Government Bill that is designed to improve industrial relations—nothing like the partnership fund or the union learning fund that we set up to encourage both sides to come together. I tell the hon. Member for Uxbridge and South Ruislip (Boris Johnson) that, as a junior Minister, I once presented the partnership prize, which was a substantial metal object, to the late, great Bob Crow. Two weeks later, I read in the Evening Standard that there had been a big row between the RMT and London Underground, and that the RMT rep had thrown something at the London Underground manager. I just hoped that it was not the partnership fund award that I had presented.
We took positive action to ensure that the industrial relations climate everywhere across the country was better. There is nothing in the Bill that attempts to do that. As 77 experts in the field said in a letter to The Guardian, the Bill will have the opposite effect. They said that instead of proceeding with this, to use their term, “perverse” Bill,
“the government should be looking more seriously at how to engage and involve the British workforce and its representatives in rebuilding the UK economy and raising productivity”.
I say to Government Members that the Department of Trade and Industry had a review of facility time in 2007. The officials in the Department for Business, Innovation and Skills at 1 Victoria Street are exactly the same officials who were at the DTI. There was wide consultation. The outcome was that facility time provided a net advantage to the employer and the country. It was also important in raising productivity—something that this Government have a serious problem with.
With no evidence as to its necessity, the Government have pressed ahead as if this were emergency legislation, scheduling Second Reading four days after the already compressed and laughably short consultation period. The aim seems to be to ensure that our debate coincides with the first day of the Trades Union Congress—a level of immaturity not seen since members of the Bullingdon club thought it would be fun to bare their bottoms outside a convent. Perhaps the Bill was drawn up by the Bullingdon club—perhaps the hon. Member for Uxbridge and South Ruislip can tell us—and it certainly could not have been constructed more maladroitly if it had been.
The Department from which this Bill emanates is under new management. I suppose we could describe the former Secretary of State as the artist formerly known as Vince, and how we miss the worldly wise maturity of the former Member for Twickenham, who obviously managed to keep the padlock on the playpen in his years at 1 Victoria Street. He described the Bill as
“vindictive, counterproductive and ideologically driven,”
and he has never spoken a truer word in his life.
The central feature of the Bill, which should be disturbing right hon. and hon. Members on the Government Benches, is that it is unprecedented, undemocratic and indefensible. Why? Because it gives a vote in trade union ballots to those who have, for whatever reason, decided not to cast their vote, and it classifies that vote in every circumstance as a “no” to industrial action. I honestly thought that the Secretary of State would give some examples of where such a measure is used. A golf club perhaps, or a local charity—anything where people who do not vote are classified as voting against. If, in a workplace of 1,000 people 499 workers vote in favour of industrial action and there is not a single vote against, that industrial action would be illegal. In the parlance of this Chamber, the noes would have it, the noes would have it.
The abstainers, the apathetic and the forgetful will have a no vote, as will those who miss the post—I love that as a former postman, but this is the only element of society where the only way that anything can be done is through the post. Communication Workers Union members are grateful, but they realise that this is not just about increasing their workload; it about attacking their rights.
If my hypothetical workplace fell under one of the six areas so far defined as important public services, a 79% yes vote on a 50% turnout would be illegal, as would a 64% yes vote on a 64% turnout. That cannot be defended. Someone could be the most rabid anti-trade union politician in the House—there may be some in the Chamber at the moment—but if their concern is for human rights and civil liberties they cannot defend that measure. It is literally indefensible.
We would not consider governing our debates in this House with such a practice. Why not govern our debates in that way if it is a democratic way to do it, so that those who do not vote are counted in the No Lobby? As the hon. Member for Glasgow South West (Chris Stephens) pointed out there is an issue about how we got our mandate on May 7, and the Secretary of State said, “Oh, but that is not a binary decision.” The European Union (Referendum) Bill that we debated last Monday is a binary decision, and we did not spend a second debating whether people who did not bother to vote should be counted as a no vote. Why not do that? If this is at all democratic, why is it not in that Bill?
Boris Johnson
Does the right hon. Gentleman accept that plenty of institutions in this country rely on the concept of a quorum before they take important decisions—particularly damaging decisions—about the lives of millions of people? It is only right that we should subject decisions by trade unions to a quorum.
Alan Johnson
I have been generous to fellow members of the Johnson clan, but the hon. Gentleman must understand the difference. In those organisations and countries where a 75% threshold is set for industrial action, it is 75% of those voting. Perhaps there should be thresholds in some of the constitutional referendums that we have. Perhaps leaving the European Union should require a 75% yes vote because it is a major constitutional issue, but it would be 75% of those voting. That is the difference with this legislation.
Boris Johnson (Uxbridge and South Ruislip) (Con)
You are very kind, Mr Speaker. What the Bill in fact offers, contrary to what we have heard from Opposition Members, is a set of protections for two sets of working people: those who utterly depend on public services for their everyday lives and those who work in public services and find that they are often engaged in pointless, costly strike action because of the actions of a politically motivated minority.
I agree with everything in the Bill as proposed. It cannot be right that it is still possible to have a strike on the basis of a ballot that took place many months or, indeed, years ago. It is still technically possible to have a strike without a fresh ballot upon the removal of guards from the underground, a piece of modernisation that took place in the 1990s. It is utterly wrong that public workers should be subject to intimidation— sometimes reduced to tears—on the picket line or elsewhere. It is high time that that code of practice was put into law. Clauses 2 and 3 take us furthest and offer the greatest hope.
Boris Johnson
If the hon. Gentleman will forgive me, I will not give way.
Some kind of disruptive industrial action, bad enough to wreck one’s day, can take place on the basis of a tiny number of the workforce. To take a by no means untypical example, a strike was recently mooted upon the dismissal of an employee who had consistently failed to turn up for work, and a ballot was held by the National Union of Rail, Maritime and Transport Workers. Fifty-four people were balloted. Of those, only 14 could be bothered to vote. Five voted for a strike and nine for action short of a strike. Yet, as a result of the vote—26% of the relevant electorate—people’s lives were disrupted during that day. People did not turn up to work. The London economy suffered. There was disruption.
Boris Johnson
I am grateful to the hon. Gentleman for the extra minute.
As a result of intimidatory behaviour, we have seen strikes triggered by a tiny minority that have caused far worse disruption, inconveniencing and causing misery for millions—[Interruption.]
Boris Johnson
Only 24% of London bus drivers decided to vote in the dispute in 2014, yet there were two one-day strikes. The 2014 strikes over ticket office closures were triggered by a ballot that attracted only 40% interest and in which only 30% of the relevant workforce voted yes.
To those who say that we politicians have no cause to set thresholds, let me remind you that in America, the land of the free, 39 states have banned strikes by mass transit workers.
Mr Anderson
I thank the hon. Gentleman for giving way. He is being his normal, generous self. In his two jobs, how many people in Uxbridge did not vote for him and how many in London did not vote for him? How can he condemn anybody else?
Boris Johnson
The hon. Gentleman will be familiar with the concept of the quorum. We are seeing a tiny minority of workers taking decisions that inconvenience the lives of millions. He will know the huge economic cost of those decisions. He will also know that the European countries that have been alluded to constantly throughout this debate have all sorts of restrictions on the right to strike, not least in Spain—someone referred to Franco’s Spain earlier—which has minimum service requirements to this day, and Germany, which has a 75% threshold. That, he should frankly put in his pipe and smoke.
This is an excellent Bill—a serious, sensible Bill. It has been striking that not a single Labour Member has stood up during this debate to condemn the strikes that are caused by a tiny minority of the workforce. Not a single one of them has condemned it. That tells us all we need to know about the Labour party. It no longer speaks for the working people of this country.