Chris Stephens
Main Page: Chris Stephens (Scottish National Party - Glasgow South West)Department Debates - View all Chris Stephens's debates with the Department for Education
Trade Union Bill
Chris Stephens Excerpts(9 years ago)
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Chris Stephens (Glasgow South West) (SNP)
I beg to move amendment 15, page 1, line 14, at end insert—
“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas or responsibility.”
Madam Deputy Speaker (Natascha Engel)
With this it will be convenient to discuss the following:
Amendment 16, in clause 3, page 2, line 32, at end insert—
“(4) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 17, in clause 4, page 3, line 7, at end insert—
“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 18, clause 5, page 3, line 31, at end insert—
“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 19, in clause 6, page 4, line 5, at end insert—
“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 20, in clause 7, page 4, line 14, at end insert—
“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 21, in clause 8, page 4, line 29, at end insert—
“(3) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 7, in clause 12, page 9, line 26, at end insert—
“(13) None of the provisions of this section shall apply to services the provision of which is devolved wholly or partially to the Scottish Government, Welsh Government, Northern Ireland Executive, Mayor of London or local authorities in England.”
The amendment would ensure that the provisions with regard to the publication requirements in relation to facility time would not apply to services devolved to the Scottish Government, the Welsh Government, the Northern Ireland Executive, the Mayor of London or local authorities in England.
Amendment 22, page 9, line 26, at end insert—
“(13) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 8, in clause 13, page 11, line 4, at end insert—
“(14) None of the provisions of this section shall apply to services the provision of which is devolved wholly or partially to the Scottish Government, Welsh Government, Northern Ireland Executive, Mayor of London or local authorities in England.”
The amendment would ensure that the provisions with regard to reserve powers in relation to facility time would not apply to services devolved to the Scottish Government, the Welsh Government, the Northern Ireland Executive, the Mayor of London or local authorities in England.
Amendment 14, page 11, line 4, at end insert—
“(14) The provisions in this section and the Schedules it inserts shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 9, in clause 14, page 12, line 8, at end insert—
“(3) None of the provisions of this section shall apply to services the provision of which is devolved wholly or partially to the Scottish Government, Welsh Government, Northern Ireland Executive, Mayor of London or local authorities in England.”
The amendment would ensure that the provisions with regard to the prohibition on deduction of union subscriptions from wages in public sector would not apply to services devolved to the Scottish Government, the Welsh Government, the Northern Ireland Executive, the Mayor of London or local authorities in England.
Amendment 34, page 12, line 8, at end insert—
“(3) The provisions in this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 31, in clause 15, page 12, line 19, at end insert—
“(4) The provisions in this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 32, in clause 16, page 13, line 33, at end insert—
“(5) The provisions of this section shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
Amendment 33, in clause 17, page 14, line 32, at end insert—
“(5) The provisions of this section and the Schedules it inserts shall only apply with the consent of the Scottish Government, Welsh Government, Northern Ireland Executive, the Mayor of London and Local Authorities in England in their areas of responsibility.”
New clause 2—Workplace ballots and ballots by electronic means—
“(1) Workplace ballots and balloting by electronic means, shall be permitted in the types of trade union ballots specified in subsection (2) with effect from the commencement date for sections 2 and 3 (Ballot thresholds for industrial action);
(2) The types of trade union ballots to which subsections (1) and (3) apply are those referred to in Chapters IV (elections for certain positions), V (industrial action), VI (political resolutions) and VII (approval of instruments of amalgamation or transfer).
(3) In relation to the ballots referred to in subsection (2)—
(a) the employer shall be under a duty to co-operate generally in connection with the ballot with the union, which shall include not undertaking surveillance of, intercepting or otherwise interfering with any communications between the union and its members, and with any person appointed in accordance with section 226B of the Act (Appointment of Scrutineer); and
(b) every person who is entitled to vote in the ballot shall be permitted to do so without interference or constraint imposed by any employer of the union’s members, or any of its employees or any person its behalf.
(4) Where in any proceedings an employer claims, or will claim, that a union has failed to comply with any requirement referred to in subsection 226 of the Act (Requirement of ballot before action by trade union), the union will have a complete defence to those proceedings if the employer has failed to comply with any part of its duty under subsection (3)(a) or it, or any of its employees or any person on its behalf, has imposed any interference or constraint of a type referred to in subsection (3)(b).
(5) In this section—
(a) “Workplace ballot” means a ballot in which votes may be cast in the workplace by such means as is or are determined by the union. Such means of voting in the workplace determined by the union may, but are not required to, include electronic means; and
(b) “electronic means” means such electronic means as is or determined by the union and, in each case, where section 226B of the Act (Appointment of Scrutineer) imposes an obligation on the union, is confirmed by the person appointed in accordance with that section, before the opening day of the ballot as meeting the required standard.
(6) Where electronic means are determined by the union, and, if applicable, confirmed by the person appointed under section 226B of the Act as meeting the required standard as provided for in subsection (5), the means of voting in the ballot shall also include postal voting, or some means of voting in a workplace ballot other than electronic means, where determined by the union and, in a case in which section 226B of the Act imposes an obligation on the union (Appointment of Scrutineer), confirmed by the person appointed in accordance with that section as being reasonably necessary to ensure that the required standard is satisfied.
(7) For the purpose of subsections (5) and (6), a workplace ballot or means of electronic voting satisfies ‘the required standard’ for the ballot if, so far as reasonably practicable—
(a) those entitled to vote have an opportunity to do so;
(b) votes cast are secret; and
(c) the risk of any unfairness or malpractice is minimised.
(8) Any provision of the Act shall be disapplied to the extent necessary to give effect to this section.”
New clause 5—Voting by electronic means in trade union ballots for industrial action—
“(1) Trade union members shall be permitted to vote by electronic means for the purposes of Part V of the 1992 Act (Industrial Action) with effect from the commencement date for sections 2 and 3.
(2) In this section “electronic means” means such electronic means, including means of secure voting electronically in the workplace, as is, or are determined by the union and, in a case in which section 226B of the 1992 Act (Appointment of Scrutineer) imposes an obligation on the union, confirmed by the person appointed in accordance with that section, before the opening day of the ballot as meeting the required standard.
(3) Where electronic means are determined by the union, and, if applicable, confirmed by the person appointed under section 226B of the Act as meeting the required standard as provided for in subsection (2), the means of voting in the ballot shall also include postal voting where determined by the union and, in a case in which section 226B of the 1992 Act (Appointment of Scrutineer) imposes an obligation on the union, confirmed by the person appointed in accordance with that section as being reasonably necessary to ensure that the required standard is satisfied.
(4) For the purpose of subsections (2) and (3), a means of electronic voting satisfies “the required standard” for the ballot if, so far as reasonably practicable—
(a) those entitled to vote have an opportunity to do so;
(b) votes cast are secret; and
(c) the risk of any unfairness or malpractice is minimised.
(5) In relation to the ballots referred to in subsection (1)—
(a) the employer shall be under a duty to co-operate generally in connection with the ballot with the union, which shall include not undertaking surveillance of, intercepting or otherwise interfering with any communications between the union and its members, and with any person appointed in accordance with section 226B of the 1992 Act (Appointment of Scrutineer); and
(b) every person who is entitled to vote in the ballot shall be permitted to do so without interference or constraint imposed by any employer of the union’s members, or any of its employees or any person on its behalf.
(6) Where in any proceedings an employer claims, or will claim, that a union has failed to comply with any requirement referred to in section 226 of the 1992 Act (Requirement of ballot before action by trade union), the union will have a complete defence to those proceedings if the employer has failed to comply with any part of its duty under subsection (5)(a) or it, or any of its employees or any person on its behalf, has imposed any interference or constraint of a type referred to in subsection (5)(b).
(7) Any provision of the Act shall be disapplied to the extent necessary to give effect to this section.”
The new Clause would permit electronic voting in ballots for industrial action.
New clause 6—Voting by electronic means in trade union ballots—
“(1) The provisions in New Clause5 [Voting by electronic means in trade union ballots for industrial action] apply to ballots and elections for the purposes of Chapters IV (elections for certain positions), VI (political resolutions) and VII (approval of instruments of amalgamation or transfer) of the 1992 Act.
(2) The electronic means adopted for the purposes of subsection (1) must also be capable of allowing union members to vote in ballots and elections for the purposes of Chapters IV (elections for certain positions), VI (political resolutions) and VII (approval of instruments of amalgamating or transfer) of the 1992 Act.”
The new Clause would permit electronic voting in union elections and ballots other than those for industrial action.
New clause 7—Secure workplace ballots for industrial action—
“(1) Trade union members shall be permitted to vote in person at their place of work by means of a secure workplace ballot for the purposes of Part V of the 1992 Act (Industrial Action) with effect from the commencement date for sections 2 and 3.
(2) In this section “secure workplace ballot” means a ballot in which votes may be cast in the workplace by such means as is or are determined by the union. These may, but are not required to, include electronic means and, in a case in which section 226B of the 1992 Act (Appointment of Scrutineer) imposes an obligation on the union to ensure that the required standard is satisfied, confirmed by the person appointed in accordance with that section, before the opening day of the ballot as meeting the required standard.
(3) For the purpose of subsection (2), a workplace ballot satisfies “the required standard” if, so far as reasonably practicable—
(a) those entitled to vote have an opportunity to do so;
(b) those entitled to vote can do so in privacy;
(c) votes cast are secret; and
(d) the risk of any unfairness or malpractice is minimised.
(4) In relation to the ballots referred to in subsection (1)—
(a) the employer shall be under a duty to co-operate generally in connection with the ballot with the union, which shall include not undertaking surveillance of, intercepting or otherwise interfering with any communications between the union and its members, and with any person appointed in accordance with section 226B of the 1992 Act (Appointment of Scrutineer); and
(b) every person who is entitled to vote in the ballot shall be permitted to do so without interference or constraint imposed by any employer of the union’s members, or any of its employees or any person its behalf.
(5) Where in any proceedings an employer claims, or will claim, that a union has failed to comply with any requirement referred to in section 226 of the 1992 Act (Requirement of ballot before action by trade union), the union will have a complete defence to those proceedings if the employer has failed to comply with any part of its duty under subsection (4)(a) or it, or any of its employees or any person on its behalf, has imposed any interference or constraint of a type referred to in subsection (4)(b).
(6) Any provision of the Act shall be disapplied to the extent necessary to give effect to this section.”
The new Clause would permit secure workplace ballots for industrial action. These can involve electronic or non-electronic means.
New clause 8—Secure workplace balloting and voting for trade union elections and other matters—
“(1) The provisions in New Clause 7 [Secure workplace ballots for industrial action] shall apply to ballots and elections for the purposes of Chapters IV (elections for certain positions), VI (political resolutions) and VII (approval of instruments of amalgamation or transfer) of the 1992 Act.
(2) The arrangements adopted for the purposes of subsection (1) shall allow union members to vote in workplace ballots for the purposes of Chapters IV (elections for certain positions), VI (political resolutions) and VII (approval of instruments of amalgamating or transfer) of the 1992 Act.”
The new Clause would permit secure workplace ballots in union elections and ballots other than those for industrial action.
New clause 9—Methods of voting in ballots for industrial action, trade union elections and other matters—
“(1) Voting in a ballot or election carried out to meet the requirements of the 1992 Act as amended can be carried out by postal ballot, electronic means, secure workplace ballot or a combination of these methods.
(2) The combination of methods is to be determined by the union and, in a case in which section 226B of the 1992 Act (Appointment of Scrutineer) imposes an obligation on the union, confirmed by the person appointed in accordance with that section, before the opening day of the ballot.”
New clause 10—Application of provisions to public sector employees across the UK—
The extent and provisions of this Bill shall only apply to the public sector in the UK,
(a) By consent of the Scottish Parliament, Welsh Assembly, Northern Ireland Assembly, Mayor of London and other public bodies and local authorities in England in their areas of responsibility.
(b) Where consent has been granted, this consent can be withdrawn at any time.”
Chris Stephens
I rise to speak to amendments 15 to 22, 14, 34 and 31 to 33 in my name and those of my hon. Friends, as well as to new clause 10, with which I will begin my remarks.
Before I do so, I want to pay tribute to the hon. Member for Cardiff South and Penarth (Stephen Doughty), who led for the Labour party in the Public Bill Committee with great diligence. I welcome the hon. Member for Cardiff West (Kevin Brennan) to his place. I also pay tribute to the Conservative members of the Committee, who tried to defend the indefensible. I pay tribute to Labour members of the Committee, the hon. Members for Newport East (Jessica Morden), for Cardiff Central (Jo Stevens), for Gateshead (Ian Mearns), for Middlesbrough South and East Cleveland (Tom Blenkinsop) and for Sunderland Central (Julie Elliott). However, the star of the show—she made the soundbite of the Public Bill Committee—was my hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron): she commented that the Minister had presented the Bill with great moderation but was entirely disingenuous.
New clause 10 is a catch-all amendment that limits the extent and provisions of the Bill from applying to the public sector across the UK without the consent of the Scottish Parliament, the Welsh Assembly, the Northern Ireland Assembly, the Mayor of London and other public bodies and local authorities in England. We took the view that, to protect our approach of working in partnership with unions, Scotland should be excluded from the entire Bill. However, having heard representations from other political parties, and indeed many from across the trade union and labour movement, we now want to restrict the extent of the Bill from applying without the consent of each devolved institution or authority which will be impacted by the changes.
Mr Jim Cunningham (Coventry South) (Lab)
I think it is arrogant of the Government to impose the changes on local authorities. We have had three negotiations on the check-off system.
Chris Stephens
Like many others in this place, the hon. Gentleman is a former council or local authority leader. He will know that he would have negotiated with the trade unions on issues such as facility time to make sure agreements were made in time and grievances were heard in time to avoid such issues going to a tribunal. I agree with him that it is arrogant and out of order for the UK Government to make decisions—for example, in respect of facility time and check-off—that are opposed by many local authorities across the UK.
The proposals in the Bill have the potential to undermine the effective engagement of trade unions across Scottish workplaces, and indeed across the UK, particularly in the public sector. The Scottish Government response to the “Working Together Review” and the fair work convention have shown a commitment to building a stronger, more collaborative approach to the relationship between trade unions, employees and employers. The combination of the provisions in the Bill will affect employees’ right to strike, will change the relationship between unions and organisations negatively and will lead to greater confusion among employees. That will undoubtedly hit Scottish business, especially across the public services in Scotland and elsewhere in the UK.
As with many Bills in this House, the devil is reserved in the detail, and with a lot of the detail to be set out in regulations, we are unaware of what else may be coming down the line. Moreover, there will be no formal opportunity for the Scottish Government, or indeed any other authority, to influence such regulations, even though they will have a direct impact on them.
According to the evidence of witnesses, there is concern that the Bill could lead to a constitutional crisis if the devolved Administrations refuse to implement the content of the Bill. The Bill potentially cuts across devolved areas and could lead to confusion and a conflict of interests in its application to existing and new contracts, owing to the ongoing local government reforms in other areas. During the evidence sessions, Dave Prentis, the general secretary of Unison, commented that the new combined authorities in England will have a lot of extensions of powers, except the power to determine check-off and facility time arrangements.
The First Minister of Scotland, Nicola Sturgeon, stated in the “Programme for Government 2015/16”:
“my government will vigorously oppose the UK government’s proposed trade union legislation, which seeks to undermine the rights of unions to fairly and reasonably represent their members.”
Carwyn Jones, the Welsh First Minister, echoed those concerns when he wrote to the Prime Minister expressing concerns about the Bill in September 2015, stating that it should be a matter for the National Assembly for Wales.
The Scottish Government maintain positive and stable industrial relations in Scotland. Those relations are underpinned by the long-standing strategic partnership between the Scottish Government and the Scottish Trades Union Congress, which was recently reaffirmed in the memorandum of understanding signed in May 2015. The memorandum pledged the Scottish Government to work with the STUC in opposing Tory austerity and in demanding further powers for Scotland. The Scottish Government view trade unions as key social partners, playing an important role in sustaining effective democracy in society, particularly in the workplace, and the existence of good employment practices is a key contributor to economic competitiveness and social justice.
Mr David Anderson (Blaydon) (Lab)
The hon. Gentleman has described the Scottish Government’s relationship with the unions. In Committee, did the Government provide evidence of any public body having expressed a view that was different from that of the Scottish Government?
Chris Stephens
The hon. Gentleman is right to suggest that no evidence was presented in Committee from a public body in support of the Bill. We heard from the Tory Taliban, the TaxPayers Alliance, which was supportive of some of the measures, but no public body was.
The restriction of the extent of the Bill would ensure that none of its provisions applied without the consent of the relevant authorities. We have tabled amendments to restrict the application of some of the provisions.
Oliver Dowden (Hertsmere) (Con)
Will the hon. Gentleman explain to constituents of mine in Hertsmere, many of them hard-working commuters who will welcome the protection against unjustified strikes, why London should have a veto over these measures when they would not have a say under his proposals?
Chris Stephens
The hon. Gentleman refers to unjustified strikes. I am not aware of any unjustified strike. The notion seems to be presented by the Conservative party that low turnouts are due to lack of support. I do not think that that is the case. The case that the Government have advanced suggests that after the ballot result, trade union officials and stewards in the workplace develop mystical powers of persuasion—almost Jedi-like powers of persuasion—and with one wave of the hand can say, “This is the strike you are looking for.” That is nonsense. What was interesting in Committee, which the hon. Gentleman might want to take note of, is that passenger transport groups were very concerned about aspects of the Bill such as the provision on untrained agency workers in the transport sector.
Nick Thomas-Symonds (Torfaen) (Lab)
Does the hon. Gentleman agree that if the Conservative party was interested in having more people voting in strike ballots, it would allow electronic voting, as it did for the election of its candidate for Mayor of London, and secure workplace balloting?
Chris Stephens
I will come on to that point. I found it curious in Committee that we were advised that e-balloting was unsafe and unsecure.
Amendment 15 would restrict the application of the provisions in clause 2 that introduce a 50% turnout requirement for industrial action ballots in addition to the current requirement for a majority vote in favour of action. The Government’s proposals will undermine constructive employment relations throughout the United Kingdom. Effective negotiations between unions and employers rely on equal bargaining power. The ability of unions to organise lawful industrial action ensures that employers take the views of the workforce seriously and engage in genuine negotiations.
The statutory thresholds will make it difficult for unions to organise industrial action, especially in larger workplaces and those with more dispersed workforces. As a result, the legislation is expected to have a wide-ranging impact on the ability of trade union members to take industrial action in defence of their jobs, working conditions and livelihoods.
It is in the employers’ and employees’ interests for disputes to be resolved quickly and amicably. The Government’s proposals mean that disputes are more likely to become protracted. The introduction of ballot thresholds will mean that unions will take more time in the run-up to ballots to ensure that there is the necessary turnout. That will inevitably divert time and effort from finding an amicable settlement.
Mr Jim Cunningham
This is one of those Bills that the Tories always bring forward when they are in trouble. More importantly, a lot of it has been brought forward because the Mayor of London has not been able to handle the industrial situation. As a result, the Tories are bringing in the Bill to undermine good industrial relations in this country.
Chris Stephens
I am very sympathetic to that point of view. The hon. Gentleman is right that the Mayor of London seems to have a different attitude from other public sector bodies across the UK.
Julie Elliott (Sunderland Central) (Lab)
Did not the evidence that was given to the Committee say that the Bill would not solve London’s problem because in most of the disputes that have taken place in recent years, particularly in rail, the action would have gone ahead in any case?
Chris Stephens
The reason it would have gone ahead in any case is that the thresholds the Government are trying to introduce would have been met.
Christian Matheson (City of Chester) (Lab)
Is it not the case that the Conservative Mayor of London has not met the unions in the transport sector in London at all during his tenure? Would not a better method be to have proper industrial relations with negotiations and dialogue rather than sabre-rattling?
Chris Stephens
I agree. There will be an opportunity for the electorate in London to pass judgment on that at the appropriate time next year.
Richard Fuller (Bedford) (Con)
I am grateful to the hon. Gentleman for taking successive interventions. I was not a member of the Bill Committee. He is talking about the application of higher thresholds for industrial action. What consideration was given in Committee to the potential for wildcat union action as a consequence of the higher thresholds, because trade union leaders might be unwilling to take a vote for fear of not meeting the threshold?
Chris Stephens
No evidence was presented that that would be the case. What was raised was the impact that the thresholds would have on women workers in progressing disputes about issues that impact on them more than on male workers, such as the introduction of shift changes. The Bill Committee did not touch on the issue raised by the hon. Gentleman.
According to the Office for National Statistics, the number of days lost to industrial action per year has fallen dramatically over the past 30 years. Since 2010, an average of 647,000 days have been lost to industrial action each year, compared with 7,213,000 days per year in the 1980s. In 2014, there were only 155 stoppages as a result of industrial action, with 55% taking place in the private sector and 45% in the public sector. Most industrial action is short-lived: in 2014, 64% of all stoppages lasted for only one or two days, with 93% of the workers taking part in the industrial action.
Lucy Frazer (South East Cambridgeshire) (Con)
I would like the answer to a question. If the amendments that would allow the Scottish Government to give their consent were accepted, would you drop your—[Interruption.] Sorry, Madam Deputy Speaker. In those circumstances, would the SNP drop the other amendments as it would have a say in its own Parliament?
Mr Angus Brendan MacNeil (Na h-Eileanan an Iar) (SNP)
Collective bargaining!
Chris Stephens
Collective bargaining, indeed.
It is important that public bodies across the United Kingdom have a say and give their consent as to whether provisions in the Bill should be passed. I also believe that if a public body gives its consent, it should be possible for that consent to be taken away on a future occasion. The Mayor of London, to use an example that was given earlier, is perhaps the best example of that.
Alan Brown (Kilmarnock and Loudoun) (SNP)
It was good that my hon. Friend noted the difference in strike rates in lost days over the past 30 years. Does he agree that industrial relations have improved over the past 30 years and that unions are much more effective and co-operative, but that the Tories over there are stuck in an ideological argument of 30 years ago? They should move forward instead of using a sledgehammer to crack a nut.
Chris Stephens
I agree with that. Seasoned veterans of the House will know what I mean when I say that this is Keith Joseph, phase 3. This is an ideological attack on the largest group in civic society that stands up against exploitation.
James Cartlidge (South Suffolk) (Con)
It was a pleasure to serve on the Bill Committee and the hon. Gentleman was a wily performer. He talks about Keith Joseph and says that we are not in the real world. I remind him that we heard evidence right at the beginning of our consideration from the chief executive of Arriva buses, who said that on a vote of 17% of the staff of his firm, 50% of all buses in London were stopped. Think of the disruption that that caused for real people out there in the real world.
Chris Stephens
The key issue was not the number of people who were balloted, but the number of fellow workers who then came out to support them. As the hon. Gentleman knows, there was other evidence of employee intimidation and blacklisting, and the Government need to answer that point later in our debate.
Jo Stevens (Cardiff Central) (Lab)
Does evidence from the Royal College of Midwives and the Royal College of Nursing not contrast spectacularly with that of a Government witness from Health 2020 who admitted when giving evidence that she did not even know what facility time was?
Chris Stephens
That is correct. I had never heard of Health 2020, and under the skilful questioning of the hon. Member for Cardiff Central (Jo Stevens) it was revealed that the witness was a former Conservative candidate. When she mentioned her concerns about patient care, I said that a trade union is obliged to provide life and limb cover, but the witness had not heard of that either; and as the hon. Lady mentioned, she did not know what facility time was.
Richard Fuller
I am grateful to the hon. Gentleman for giving way because I am trying to develop a theme with my questions about the Committee. I asked about thresholds and what consideration the Government gave to wildcat action. Will the hon. Gentleman speak about the restrictions on facility time and what the Government say about the potential for wildcat action if there is less time for trade unions to deal with workplace disputes?
Chris Stephens
Wildcat action was not discussed in Committee. We discussed the social media provisions that could lead—as the hon. Member for Gateshead pointed out—to wildcat tweeting, but there was no discussion about wildcat action in that sense.
Mr Anderson
The hon. Gentleman is generous in giving way. He mentioned the work of the Royal College of Nursing. Its employer, University College Hospital, said that:
“elements of the Bill that would confine trade unions’ ability to engage with us are widely viewed by NHS employers as potentially undermining of the Government’s health policy”.
The Government want to introduce measures that will undermine health policy. To go back to Keith Joseph, he always argued that we should let managers manage. Managers want to manage in conjunction with trade unions, and the Government should butt out.
Chris Stephens
That is absolutely true. I agree with the hon. Gentleman, who was president of a trade union.
Joan Ryan (Enfield North) (Lab)
Does the hon. Gentleman agree that trade unionists are real people, and that it is not only trade unionists who object to the Bill? The Government have significantly failed to secure any substantial employer support for these proposals, and many public and private sector employees object vociferously to the Bill and see it as completely unnecessary.
Chris Stephens
The last time I looked in the mirror, yes, I am a real person, like many other trade unionists in this country.
I am pleased that Labour amendments seek to restrict the application of provisions relating to facility time and check-off, and they will get our support. Once again, alongside the principled and substantive arguments that will no doubt be presented, it will come out that there is no mandate across the public sector for the Bill.
Mr MacNeil
Is it not strange that a Tory party that always talks to us about regulation and red tape is today introducing more regulation and more red tape, and “choking the arteries of commerce”, as was once said in a famous TV programme in Scotland? We are looking at Tory dinosaur behaviour that goes back to the 1970s.
Chris Stephens
I think it is perhaps worse than that because such behaviour comes from a political party which has a laissez-faire attitude to the economy until it comes to the trade union movement. It goes from laissez-faire to Stalinism with no intervening periods whatsoever.
Mrs Madeleine Moon (Bridgend) (Lab)
Is not a prime example of the unnecessary bureaucracy and complication of the Bill the arbitrary powers that are given to the certification officer for monitoring picketing? That is guaranteed to find failings and create fines.
Chris Stephens
It is even worse and goes even wider than that. Trade unions will be expected to make a contribution to the certification officer, but they will not be allowed to contribute to check-off, because that is to be banned across the board in the public sector.
New clause 2 would ensure that employers have a duty to ensure that union members can vote without fear of interference or constraint. That same duty is imposed on unions, and it is about what happens when an employer fails to comply with those duties by intercepting voting papers or emails relating to the ballot.
Paula Sherriff (Dewsbury) (Lab)
Does the hon. Gentleman share my feelings of irony that the Government have stated that trade union members will not be allowed to vote in an electronic ballot, yet they considered that to be perfectly legitimate for the London mayoral selection?
Chris Stephens
I agree with the hon. Lady, and that point was raised in Committee. We were told by Conservative Members that e-balloting is unsafe and insecure—I do not know what that means for the Conservative candidate for Mayor of London. It came out that a trade union could email an employer and the police about picketing. Presumably that is safe and secure.
Mr Jim Cunningham
Will the hon. Gentleman say something about stewards having to register with the police and wear armbands just as they did in the 1930s in the occupied territories in Europe?
Chris Stephens
We will discuss that at a later stage. The hon. Gentleman’s point is about the increased capacity for blacklisting that is contained in the Bill, and I agree with him.
Chris Stephens
May I move on and make some progress? I apologise, and I will take further interventions later.
New clause 2 would modernise the law promoting democracy and inclusion—the word “modernisation” keeps getting used by the Conservatives in support of the Bill. Currently, all ballots and elections must be conducted on a fully postal basis. Unlike major companies and other membership organisations—including political parties—trade union members are not allowed to vote online. The Government have consistently described the Bill as an attempt to “modernise” trade unions, but to date they have not allowed trade unions to modernise into the 21st century by using electronic and workplace balloting.
The Government argue that the introduction of thresholds for strike action balloting would boost democracy, but that only stifles the possibility of workers’ voices being heard. If the Government were committed to boosting workplace democracy, they would allow secure workplace balloting and balloting by electronic means, as our amendment suggests.
Online balloting is more accessible and inclusive. Today, most people use electronic devices every day to make transactions and to communicate. We in the SNP use online ballots, and as we have heard, so did the Conservatives in the election of their mayoral candidate. Ballot papers are usually sent to members’ home addresses, which can lead to lower turnouts, especially when junk mail is flying through people’s doors on a regular basis and things can easily get dumped in the bin. Modern methods of voting are more efficient and help negotiations to move faster. Using only postal ballots could prolong the length of a dispute because they simply take longer.
According to the latest Ofcom figures, 83% of people now have access to broadband and 66% of households own a smartphone. Those figures are likely to be higher among those of working age, and they are set to rise rapidly. The 2014 Electoral Commission survey involved 1,205 adults aged over 18, and found that 42% of respondents felt that online voting would increase their confidence by “a lot” or “a little” in the way that elections are run.
Andy McDonald (Middlesbrough) (Lab)
Does the hon. Gentleman agree that in the run-up to Christmas, people will be engaging electronically by purchasing goods and materials across the piece? I do not hear Conservative Members saying that there is something fundamentally wrong with that process, or saying, “We’re not going to have you doing that.” Is this not ridiculous? It is just a ruse to say, “We don’t want people to engage with trade unions.” That is what it is about.
Chris Stephens
I agree entirely with the hon. Gentleman. Perhaps it is because Conservative Members fear the inevitable visit of three ghosts on Christmas eve.
Rachael Maskell (York Central) (Lab/Co-op)
Does the hon. Gentleman agree with Electoral Reform Services, which has run more than 2,000 ballots, that there has not been a single security breach in all those ballots and that, therefore, it is a very secure mechanism?
Chris Stephens
I agree, and that evidence came out in Committee.
Workplace balloting is an available secure option that increases democracy in the workplace. The 1992 Act already permits workplace ballots to be used for statutory recognition ballots, under schedule Al. Workplace ballots of that nature are secure and overseen by qualified independent persons, usually Electoral Reform Services. The individuals and balloting agencies permitted to act in statutory recognition ballots are generally the same as those who act as scrutineers in industrial action ballots and other statutory union elections and ballots.
An analysis of Central Arbitration Committee reports indicates that turnout tends to be significantly higher in ballots where all workers voted in the workplace. Average turnout was 88%, and in combination ballots average turnout was 86.9%. The average turnout in postal-only ballots was 71.6 %. According to the TUC, there is no evidence that workers feel intimidated into voting a particular way when ballots take place in the workplace. Of the complaints that the CAC was asked to decide on, five were made by unions and one by an employer. None of the complaints was upheld.
We are told that electronic voting is not safe. Thousands of private sector, voluntary and political organisations use electronic voting every year. Electoral Reform Services alone manages more than 2,000 annually, and its report concludes that online voting is no less secure than postal balloting. It says:
“There are risks associated with electronic voting but these are essentially similar to the risks associated with any secure electronic process. Many of the risks are also of the same nature as the risks related to postal voting”.
Chris Stephens
I do, and one of the increasing problems with postal balloting is the number of post boxes, which has fallen by 17% in Scotland in the last year.
Lilian Greenwood (Nottingham South) (Lab)
Does the hon. Gentleman agree that the Bill risks throwing away much of the positive industrial relations that have been established by trade unions, work that they do day in and day out? One problem is that the media like conflict, but the bread and butter tasks of the trade unions include spotting and defusing issues before they become problems. Merseyside Fire Brigades Union told me that its employers described its union reps as their best but lowest paid managers, such is their contribution to positive industrial relations. Does the hon. Gentleman agree that we risk losing all that?
Chris Stephens
I agree with the hon. Lady. Without question, the Bill is ideological. Under a veneer of moderation, it is an ideological attack on a large section of society that stands up against exploitation.
Oliver Dowden
The hon. Gentleman keeps saying that the Bill is ideological. Is it ideological for people who send their children to schools in my constituency who cannot get childcare during an unjustified strike with a very low turnout in a ballot? Is it ideological for hard-pressed commuters in my constituency who cannot get to work because of strikes called on ballots with low turnouts?
Chris Stephens
The problem with that analysis is that it is based on ignorance. The simple fact is that if a ballot has a low turnout, a trade union has to make a calculation. The hon. Member for Blaydon (Mr Anderson), who is a former Unison president, can confirm that trade unions have, on occasion, not proceeded to industrial action if they do not have support for it. The biggest gamble that a trade union takes when it decides to take industrial action is how many people participate. If people do not participate, the industrial action falls and dies.
Dawn Butler (Brent Central) (Lab)
The contribution from the hon. Member for Hertsmere (Oliver Dowden) highlights the lack of understanding of the role of trade unions and of people who are working just to pay their bills. That lack of understanding shows why this Bill is so wrong.
Chris Stephens
It also shows complete ignorance of the principle of solidarity. Many of the people who are affected by industrial action, as the hon. Member for Hertsmere (Oliver Dowden) described, will be fellow trade union members.
Ruth Smeeth (Stoke-on-Trent North) (Lab)
Does the hon. Gentleman agree that the average time lost to strike action last year was less than a third of a second per member of the workforce?
Chris Stephens
Yes, and that evidence also came out in Committee. What is the great industrial chaos in this country that means that the Government need to intervene? There is none—
Chris Stephens
For entertainment purposes, I will take another intervention from the hon. Gentleman.
Oliver Dowden
I shall try to entertain the hon. Gentleman. If he believes that turnout is so high for all these industrial actions, why is he so concerned about having a threshold that requires four out of 10 trade unionists to turn out and vote? If turnouts are high, where is the problem?
Madam Deputy Speaker (Natascha Engel)
Order. No shouting out. If Members want to intervene, they should stand up and do so.
Chris Stephens
I will give the hon. Member for Hertsmere the benefit of my trade union experience. In localised disputes about local issues, turnouts go through the roof, in my experience. Lower turnouts usually happen in national, UK-wide disputes. Those issues can lead to low turnouts, but the key test is how well the trade union is organised. Turnout will be a lot higher in some areas than in others in such disputes.
Joan Ryan
The point about commuters was made earlier, although the hon. Member for Hertsmere (Oliver Dowden) may not have been listening. As my hon. Friend the Member for Sunderland Central (Julie Elliott) said, the transport strikes that are often prayed in aid of the Bill would have all crossed the threshold and were all legitimate strikes.
Julie Elliott
If the genuine motivation behind the Bill was to get turnout as high as possible, would not the Government put forward every possible means to allow members of trade unions to vote in ballots, including workplace balloting and e-balloting? In fact, they are doing the opposite.
Chris Stephens
I agree, and that is why we have tabled the new clause. If the Government were so concerned about participation, they would allow e-balloting and secure workplace balloting. If secure workplace balloting is good enough for recognition agreements, surely it is good enough for many of the other issues that trade union members have to decide on.
We were told in Committee that we cannot have online voting until 2020. Ministers have claimed that the Speaker’s Commission on digital democracy concluded that online voting could not be achieved before 2020, but it was concerned only with online voting in general or local elections, not trade union or any other ballots. The Commission reported on evidence from the Open Rights Group, which argues that online balloting in the context of a general election is far less transparent than ballot box voting. These arguments do not apply to trade union ballots, which are counted by the scrutineer in private.
Paula Sherriff
The hon. Gentleman is being very generous in taking interventions. Does he agree that trade unions prevent a significant amount of sickness absence in the workplace? I was a shop steward in a hospital for a number of years. By fostering good relationships between trade union members and management, I am confident we reduced significantly that burden on the workplace.
Chris Stephens
Yes, with my trade union experience I do agree with that. I would happily say that the best education I had was from the trade union movement, particularly, for example, when someone had a condition that came under the scope of the Equality Acts. I agree with every word that has been said.
Alan Brown
As has been said, my hon. Friend is being very generous with his time. He will agree that very important points have been made about the double whammy on thresholds and not allowing online or secure workplace voting. Without being flippant, does he think the Government have assessed the risk of secure workplace balloting when it comes to English votes for English laws? There might actually be a risk of SNP Members voting on English laws after all, because the balloting might not be secure enough.
Chris Stephens
Indeed. I look forward to that test when the experiment, as I think Mr Speaker described it, takes place.
The Open Rights Group is also concerned that online voting in general elections does not justify the extra expense of developing new systems while the technology is in its infancy, as turnout is already comparatively high. This argument does not apply to trade union ballots, where postal balloting is more expensive and deters turnout. Unlike general election voting, the technology already exists and has been well used for over a decade by private companies, political parties and membership associations.
John Howell
The hon. Gentleman and I have shared many an anecdote about this, both in Committee and elsewhere. He will recall that in Committee I raised a number of concerns from the Open Rights Group which called for prudence in the use of internet voting. Has he looked at that in greater detail?
Chris Stephens
The hon. Gentleman is right. I found it curious that when I googled my name I got a link to his website and it was the exchange that we had in Committee. In fairness, the same thing happens with the hon. Members for Brent Central (Dawn Butler) and for Cardiff Central (Jo Stevens). The Open Rights Group is saying that trade union ballots do not apply in these cases, because there is the additional safety of a scrutineer and so on.
We are told that trade union ballots should be subject to tighter regulation than elections for officeholders in private businesses or non-governmental organisations. If the Government were genuinely concerned about levels of electronically based elections in the private sector, they would legislate for all bodies to be required to use postal-only ballots. They should also rerun the election for the Mayor of London using a postal-only ballot.
Labour’s amendments on balloting are in a similar vein. They can be broadly supported, as their intentions mirror that of our amendment. We are asking Members to vote for our catch-all amendments to make this draconian, Dickensian Bill a little bit better.
Mr Jonathan Djanogly (Huntingdon) (Con)
I rise to speak to new clauses 5, 6, 7 and 9. In overall terms and despite the heat coming out of the Bill, I think we can all agree that we have moved a very long way in industrial relations and strike laws towards consensus and away from the polarisation we saw in the early 1980s.
The Trade Union Act 1984 requirement for compulsory industrial action ballots to be put in place for there to be statutory immunity was a very significant step, although it did cement the rather odd situation whereby there is, technically, no right to strike. Rather, we give unions in certain circumstances statutory immunity for the tort—civil wrong—of inducing a breach of the employment contract. That being as it may, I think we can all agree that voting before a strike is vital, and that the vote itself should be carried out in a free and fair manner that reduces, so far as possible, any chance of coercion, threat or intimidation to the voter. It is certainly the case that the Bill addresses ballots insofar as voter turnout requirements and how the questions are put, but it does not address the question of how the ballot itself is physically conducted. This is now being put to the test by the Opposition in their amendments. New clause 7 argues for secure workplace ballots and new clause 5 suggests implementing electronic voting in ballots for strike action.
My first observation is that those two concepts do not necessarily sit very well together. Namely, if the Opposition believe that e-voting is the future and the way to go, why are they proposing returning votes to the place of work? The problem is actually more profound, of course. The security of a postal vote sent to a person’s home does remove a large area of risk in terms of intimidation that could attach to returning votes to the workplace. The benefits of the 1984 ballots and the use of post were hard won. They have been of great benefit to working people; not perhaps to the union organiser or the militant activist, but to the everyday working man and woman who has benefited from being able to reflect calmly on the merits of a strike ballot in the safety of their own home.
Kevin Brennan
My hon. Friend is absolutely right. That is clearly one of the Government’s motivations behind these amendments.
Workplace ballots should be permitted for statutory union elections and ballots. The 1992 Act already permits workplace ballots to be used for statutory recognition ballots. Workplace ballots of this nature are secure and are overseen by the qualified independent persons, who are generally the same as those who act as scrutineers in industrial action ballots and other statutory union elections and ballots. Well over 200 ballots for statutory recognition have been held, a quarter of which involve a combination ballot, including both workplace ballots and postal ballots for those absent from work when the ballot is taking place. An analysis of a Central Arbitration Committee reports indicates that turnout was significantly higher in ballots where all workers voted in the workplace, with an 88% average turnout, compared with 71% in postal ballots. There is no evidence that workers felt pressurised by this. In fact, people were less likely to vote for union recognition in workplace ballots than in postal ballots. As was pointed out, the Central Arbitration Committee has received only a handful of complaints, most of which were made by the unions, rather than individuals.
New clause 9 would allow trade unions to decide what balloting to use—balloting by electronic means, workplace ballots, postal ballots or any combination of those. Given the severe time constraints, which we have already discussed, it is not possible for us to divide this afternoon on all our new clauses on e-balloting and secure workplace balloting, but I want to place clearly on record our view that the Government’s failure to accept our very reasonable modernisation proposals, which would enhance trade union democracy, invites detailed further scrutiny of these issues in the other place. E-balloting and secure workplace ballots are distinct issues in their own right, but we recognise that, owing to the Government’s timetabling, we are unable to vote on all our new clauses and amendments separately on Report without curtailing debate on other important issues in the Bill.
Our amendment 7 should be read in tandem with amendments 8 and 9, all of which relate to this Bill’s undermining of the devolution settlement and conflict with the Government’s own professed localism agenda. Our amendments are designed to ensure that the provisions do not apply to services that are either wholly or partly devolved to the Welsh Government, the Scottish Government, the Northern Ireland Executive, English local authorities and the Mayor of London.
Chris Stephens
The hon. Member for Cardiff South and Penarth (Stephen Doughty) managed to ascertain from the UK Government that a UK Government Minister would decide the facility time for health workers in Scotland and Wales. Does the shadow Minister think that is fair?
Kevin Brennan
I am coming on in a few moments to talk about the so-called respect agenda, and I hope that I will then answer the hon. Gentleman’s point. Our amendments would ensure that devolved Administrations could decide how best to engage with their staff and trade unions when delivering devolved public services, rather than being subject to a highly partisan central diktat—I believe this what the hon. Gentleman was referring to—from a Government in possession of no mandate in many parts of the UK.
I can recall the Prime Minister travelling to Wales when he was first elected, and declaring that when it came to Wales and the other devolved Administrations, he would govern on the basis of respect. He called that his “respect agenda”. With that promise in mind, the Welsh First Minister, Carwyn Jones, wrote to the Prime Minister expressing his concerns about the Trade Union Bill and its complete lack of respect for the role of the Welsh Government and the National Assembly for Wales. He pointed out that the Supreme Court, in its judgment on the Agricultural Sector (Wales) Bill, ruled that depending on a UK Government Bill’s impact on devolved services, it could be subject to a legislative consent motion, even if it could also be classified as relating to matters that were otherwise reserved. Our Scottish Labour leader, Kezia Dugdale, wrote today to the Presiding Officer of the Scottish Parliament, calling for a legislative consent motion; she has also called for Scottish local authorities, regardless of political persuasion, to refuse to implement changes when there is no consent.
I want to make it clear that our commitment to solidarity for all workers means that Labour opposes the Bill on behalf of workers and trade unions throughout the United Kingdom. We believe that simply devolving employment and industrial relations—for example, to Scotland—would play into the Conservative Government’s hands, and would result in a race to the bottom on workplace rights and privatisation, which could only have a detrimental impact on workers throughout the UK.
Chris Stephens
Surely the biggest impact on individual contracts will be where it is written into employees’ contracts that they can have their trade union subscription deducted from their salary. The cost of that to other public sector employers will be considerable, as they will have to issue new contracts.
Kevin Brennan
The hon. Gentleman is right. As I have said, he has put his finger on the matter in his amendment, which we will discuss later. His intervention now has drawn to my attention the point that the state should not be interfering in this kind of voluntary transaction, which is entered into freely by all the parties concerned and which is neither illegal nor immoral. What is wrong with an employer in the private or public sectors voluntarily agreeing to help to collect trade union subscriptions, as part of an attempt to maintain good relations with its employees, in exchange for an administrative payment? In what other field would a Conservative Government legislate to ban a simple, mutually beneficial transaction of this kind? The hon. Gentleman is to be congratulated on spotting that flaw, and the basic illiberalism, at the heart of this measure in the Bill.
Chris Stephens
I, too, disagree slightly with the shadow Minister: I do not think this is a tragedy; I think it is sinister. In a collective bargaining unit that had a staff association alongside a trade union, it would be permissible for the staff association subs, but not the trade union subs, to be collected from people’s salaries. Is that not biased?
Kevin Brennan
I am not going to escalate our dispute as to whether this is a farce, a tragedy or simply sinister, but the hon. Gentleman is right.
Lucy Frazer
I will not give way, as I want to continue.
Although it may be possible to increase methods of voting, we need to ensure that there are sufficient safeguards in place. New clause 5 suggests that electronic means should be provided as is determined by the unions. In an area potentially rife with practical concerns, we need to be sure that there will be no issue with the amendments before they are allowed. If the unions have the power to bring major industries to a standstill, they need to exercise that power responsibly and democratically. It is essential that any ballot is seen to be conducted fairly and transparently. If there is any risk, or perceived flaw in the ballot, the legitimacy of the ballot may be in question. The vote that is taken by the union members—
Lucy Frazer
I am about to finish.
The vote taken by the union will not garner public support and public trust that the representation of the unions demands, and it is for that reason that we should pass clauses 2 and 3 without amendment at this stage.
Nick Boles
The hon. Gentleman will be aware that those people have alternative services, and where they do have alternatives we are not proposing to introduce the higher mandate. We are producing the higher mandate when a service is effectively a monopoly in the life of consumers, and they have no other possibility they can arrange at short notice.
On the certification officer, it is entirely reasonable for a union regulator to mirror the geographical extent of unions themselves. It would be very disruptive to have a single union subject to different regulatory arrangements in Scotland than in the rest of Great Britain—or, worse, for a union to be subject to no regulation at all in Scotland or Wales, but subject in parts of England. It is worth noting that the 1992 Act already provides, under section 254, that the certification officer may appoint an assistant certification officer for Scotland, and may delegate to that assistant certification officer such functions as he thinks appropriate in relation to unions based in Scotland.
Chris Stephens
The Minister talks about unions being organised on a geographical basis. Does that mean that the Educational Institute of Scotland will be exempt from the Bill?
Nick Boles
The hon. Gentleman, with whom I have had very lively and enjoyable debates in Committee, knows that the provisions in the Bill apply under the devolution settlement throughout Great Britain and to all institutions, including those active only within Scotland.
In conclusion on these amendments, Parliament has put in place proper procedures for considering what should be reserved to Westminster and what should be devolved to other Administrations. Debates took place in this Chamber only yesterday on what should be devolved and what should be reserved to Westminster. Employment and industrial relations law is reserved.
Turning to other balloting methods proposed in amendments tabled by Opposition parties, it is vital that union members, employers and the public have the utmost confidence in ballot processes, as my hon. Friend the Member for Huntingdon (Mr Djanogly) argued so clearly. Without that, the integrity of the whole system would be called into question; members would not use it, unions would not rely on it, and employers and the public would not trust it. That is not in anyone’s interests.
As I said in Committee, and as the Prime Minister has said, we have no objections in principle to the introduction of e-balloting. I expect that in some time—maybe in five or 10 years—the practical objections I am about to outline will have been overcome. It is simply a matter of time and human ingenuity. However, there are practical objections, and the Opposition cannot just dismiss them. The onus is on them, in proposing new forms of voting, to show that the objections can be overcome.
The Speaker’s Commission on Digital Democracy received evidence from the Open Rights Group, and I quoted that evidence on Second Reading. This February, Jim Killock, its executive director, gave an interview to The Guardian, in which he said of online balloting:
“This is a very hard problem to solve and so far nobody has managed it. Accountability in most software systems means a clear audit trail of who did what, which of course would violate the basic question of secrecy…You have the complexity of making sure that internet systems are secure, that the voting equipment can be trusted despite being attached to the internet, and that every voter’s machine is not being tampered with. Given the vast numbers of machines that are infected by criminally controlled malware and the temptation for someone to interfere in an election, internet voting is a bad idea.”
I am not aware that the gentleman quoted is a Conservative or that he supports the Government. [Interruption.] Instead of shouting at me, Opposition Members should reflect on the objections raised and work with us to try to overcome them. We are absolutely open to discussing these practical objections, and to working with the Opposition parties and anyone else in society to overcome them.
Nick Boles
I want to say to trade union leaders that when they can overcome the objections listed not by me, but by experts from groups such as the Open Rights Group, the Government will be happy to work with them to implement new forms of balloting. Until then, however, we remain to be persuaded.
My hon. Friend the Member for Huntingdon is right that there is no requirement for primary legislation to introduce new forms of balloting. It can be done under powers in section 54 of the Employment Relations Act 2004. On that basis, I urge the House to reject the amendments.
Chris Stephens
I thank Members who have contributed to this debate. I have been struck by three things. I say gently to the Minister and the Conservatives—
Mr Deputy Speaker
I am going to stop you in a second, so you need to say whether you want to withdraw the amendment.
Chris Stephens
Okay, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
New Clause 2
Workplace ballots and ballots by electronic means
‘(1) Workplace ballots and balloting by electronic means, shall be permitted in the types of trade union ballots specified in subsection (2) with effect from the commencement date for sections 2 and 3 (Ballot thresholds for industrial action);
(2) The types of trade union ballots to which subsections (1) and (3) apply are those referred to in Chapters IV (elections for certain positions), V (industrial action), VI (political resolutions) and VII (approval of instruments of amalgamation or transfer).
(3) In relation to the ballots referred to in subsection (2)—
(a) the employer shall be under a duty to co-operate generally in connection with the ballot with the union, which shall include not undertaking surveillance of, intercepting or otherwise interfering with any communications between the union and its members, and with any person appointed in accordance with section 226B of the Act (Appointment of Scrutineer); and
(b) every person who is entitled to vote in the ballot shall be permitted to do so without interference or constraint imposed by any employer of the union’s members, or any of its employees or any person its behalf.
(4) Where in any proceedings an employer claims, or will claim, that a union has failed to comply with any requirement referred to in subsection 226 of the Act (Requirement of ballot before action by trade union), the union will have a complete defence to those proceedings if the employer has failed to comply with any part of its duty under subsection (3)(a) or it, or any of its employees or any person on its behalf, has imposed any interference or constraint of a type referred to in subsection (3)(b).
(5) In this section—
(a) “Workplace ballot” means a ballot in which votes may be cast in the workplace by such means as is or are determined by the union. Such means of voting in the workplace determined by the union may, but are not required to, include electronic means; and
(b) “electronic means” means such electronic means as is or determined by the union and, in each case, where section 226B of the Act (Appointment of Scrutineer) imposes an obligation on the union, is confirmed by the person appointed in accordance with that section, before the opening day of the ballot as meeting the required standard.
(6) Where electronic means are determined by the union, and, if applicable, confirmed by the person appointed under section 226B of the Act as meeting the required standard as provided for in subsection (5), the means of voting in the ballot shall also include postal voting, or some means of voting in a workplace ballot other than electronic means, where determined by the union and, in a case in which section 226B of the Act imposes an obligation on the union (Appointment of Scrutineer), confirmed by the person appointed in accordance with that section as being reasonably necessary to ensure that the required standard is satisfied.
(7) For the purpose of subsections (5) and (6), a workplace ballot or means of electronic voting satisfies ‘the required standard’ for the ballot if, so far as reasonably practicable—
(a) those entitled to vote have an opportunity to do so;
(b) votes cast are secret; and
(c) the risk of any unfairness or malpractice is minimised.
(8) Any provision of the Act shall be disapplied to the extent necessary to give effect to this section.”—(Chris Stephens.)
Brought up, and read the First time.
Question put, That the clause be read a Second time.
Kevin Brennan
Yes, I do. My hon. Friend is absolutely right. I will come to that point when we discuss some of the later amendments. For the moment, I shall talk about the picketing provisions.
The BIS consultation document also acknowledged that most pickets conform to the guidance set out in the code of practice. The Regulatory Performance Committee’s review of the Government’s impact assessment also found that
“there is little evidence presented that there will be any significant benefits arising from the proposal”.
Liberty’s briefing for today’s debate states:
“In the absence of any evidence that these changes are needed, these bureaucratic proposals can only be construed as an attempt to create a situation whereby individuals and unions are set up to make mistakes, subjecting them to legal action and making strike action even more expensive and risky than it already is.”
Chris Stephens
Does the shadow Minister share my concern, which was also mentioned in evidence to the Bill Committee, that the proposed new picketing arrangements could result in the increased blacklisting of trade union activists?
Kevin Brennan
There is every likelihood of that happening, as was clearly revealed in the evidence given to the Committee.
The current UK law provides sufficient safeguards, including provisions for the police to crack down on illegality and breaches of the peace, but all the while protecting the rights of trade union members to engage in peaceful picketing at the entrance to their workplace. These measures are not only unnecessary; they are an affront to democracy, which is why our amendment would remove them from the Bill altogether by deleting clause 9.
I said earlier that the Government had introduced some minor changes as a result of the consultation. Their amendments in this group are the result of significant scrutiny and pressure from my hon. Friends in Committee. The Government have now decided to reverse their position on the plans to introduce even tighter restrictions on union pickets and protests that they proposed in their consultation over the summer. They have also granted minor concessions in amendments 2, 3 and 4 that loosen the requirements relating to letters and picket supervisors.
Trade unions will not now be required to publish picket and protest plans 14 days in advance, detailing where, when and how they plan to protest and whether they propose to use Twitter and Facebook accounts as part of their campaign. It is extraordinary that that was ever proposed; it is a ludicrous proposal. Also, the Government will not now introduce new criminal offences on picket lines or direct local authorities to use antisocial behaviour provisions against union members participating in pickets and protests. Those minor concessions do not go nearly far enough, however. The Bill still contains many draconian measures that will violate the civil liberties of trade unions and their members. Clause 9 will still impose significant new restrictions on the ability of trade unions and their members to picket and protest peacefully, thereby undermining their civil liberties.
Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)
I must declare an interest as a member of Unite the union and a proud union representative for 14 years.
Our proposals in new clauses 1, 3 and 4 and amendments 27, 28, 37, 25, 26, 24, 23, 11, 12, 13, 36 and 35 cover a variety of areas in the Bill that pose particular difficulties for public sector workers, focusing on agency workers and political funds. New clause 1 attempts to retain within primary legislation the ban on the supply of agency workers during strikes. Legislation banning the use of agency workers to break strikes has been in place in the UK since 1973. That position is in line with the majority of other European countries, which also prohibit or severely restrict the use of agency workers during industrial disputes. Removing that ban would be regressive and it would have significant implications for all workers.
Public opinion polls also indicate that such changes are not supported by the majority of the general public. The SNP therefore supports new clause 1, which aims to retain in primary legislation the ban on the supply of agency workers during strikes. Although the Bill does not specifically include provisions for that measure to be repealed, the Government have been consulting on draft legislation that would allow that to happen. Adopting our proposal would therefore be a failsafe against that occurring in future.
Chris Stephens
Does my hon. Friend agree that part of the difficulty is that the current penalty for an employer who hires agency workers to break strikes is very weak indeed? We need primary legislation to stop that practice.
Dr Cameron
I agree with my hon. Friend. It is also extremely important with regard to safety, including that of the public, which I will come on to discuss.
Repealing the existing prohibition on hiring agency staff to replace workers participating in industrial action fundamentally undermines the right to strike. It reduces the impact of strike action and upsets the power balance between workers and employers. It has also been argued that it is relatively ineffective with regard to dispute resolution, as it serves only to prolong the dispute, delay resolution and embitter industrial relations.
At a time when we are trying to encourage the living wage, the measure is also likely to drag down pay and working conditions for workers right across the country. It could have adverse implications for the agency workers themselves, as it would place them in a stressful environment.
Introducing inexperienced workers to take on the role of the permanent workforce in a workplace with which they are not familiar also has significant implications for health and safety and for the quality of services. That will impact both on those workers and on the public at large, who may utilise those services.
Those matters appear to be of particular concern to the public. A recent YouGov poll found that 65% of those surveyed were against bringing in temporary agency workers to break public sector strikes, and more than half said they thought it would worsen services and have a negative impact on safety. Only 8% indicated that they believe that hiring agency workers during strikes would improve services.
Unlike the UK Government, the SNP believes in a modern and progressive approach to industrial relations and to trade unionism, which is at the very heart of being able to achieve fair work. We recognise that no one wants strikes, but the way to avoid them is not to promote confrontation by legislating them out of existence. The right way is to pursue a relationship, in partnership with both workers and employers, based on respect and co-operation.
Chris Stephens
Today we have heard, once again, divisive rhetoric against this country’s trade union movement. We have heard from some Government Back Benchers that trade unionists who are on strike get paid by their employer. That will be news to the millions of trade union members in this country. The real difficulty with and objection to some of the rhetoric we hear is the suggestion that trade union members are somehow different from taxpayers and the public. Trade union members are taxpayers and they are members of the general public.
The Bill infringes human rights and civil liberties, and if unaltered, it can only lead to more work for the courts and, sadly, more blacklisting for trade union members in this country. The Bill attacks the ability of trade unions to organise, as we have seen with the proposals on facility time and check-off. This is not just about party political funding; it is an attack on the trade union movement’s ability to fund general campaigns, such as anti-racist campaigns and campaigns in favour of public services.
It is quite astonishing that the Government believe that aspects of the Bill do not require a legislative consent motion, either from the Scottish Parliament or from the Welsh Assembly, on public services across the board. I predict that that will come back to bite them.
The Minister for Skills was very kind in his words to me, so I will reiterate the words of my hon. Friend the Member for East Kilbride, Strathaven and Lesmahagow (Dr Cameron): he gives the appearance of moderation, but his rhetoric is entirely disingenuous.