May Adjournment

Debate between Chris Stephens and Ian Mearns

Thursday 3rd May 2018 Commons Chamber

[Ian Mearns]

I could not agree more with my hon. Friend.

Despite the fact that this lady has three children, only one of whom is now in his 20s; despite the fact that she has been receiving child benefit for those children throughout the entire period; and despite the fact that she also has a work record, having worked in between having her children, she has been refused universal credit. Part of the reason for the refusal is that the online application form asked when her children came to the United Kingdom with her. Of course, they did not come to the United Kingdom; they were born here. Therefore, she has failed the permanent residency test and been refused universal credit, despite living here for 27 years.

With such cases occurring now, the assurances that have been given by Ministers about the rights of EU citizens following Brexit sound really quite hollow. There is a big job of work to be done. It is not just the Home Office that needs to recognise the rights of EU citizens; other Government Departments, such as the Department for Work and Pensions must do so too. This lady’s case needs to be resolved, and resolved quickly and positively. She deserves nothing less than that.

Last Saturday, 28 April, we celebrated Workers Memorial Day. It is an important day for us all to celebrate; I and dozens and dozens of people attended a very moving service in Saltwell park in my constituency. There is a permanent memorial for Workers’ Memorial Day in Saltwell park, and I congratulate not only Gateshead Trades Council, but Gateshead Council, on erecting it.

The whole point of Workers Memorial Day is to help people realise that many workers die, receive injuries, or develop life-threatening illnesses owing to circumstances at work. I am glad to say that the number of people who die owing to injuries at work has dropped dramatically over the years since we have introduced a plethora of health and safety legislation. However, when I hear Members on the Government Benches talking about freeing up the labour market and getting rid of red tape, I do honestly wonder whether that actually means getting rid of vital health and safety regulations that keep our workers safe.

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

The hon. Gentleman raises a very important point. Does he share my concern that the numbers of staff based at the Health and Safety Executive have been reducing year on year since 2010?

[Ian Mearns]

That is a concern. As well as my duties as Chair of the Backbench Business Committee and as a member of the Select Committee on Education, I am a member of several parliamentary trade union groups, including the Bakers, Food and Allied Workers Union, which, with the Health and Safety Executive, has been struggling to get recognition for a condition known as baker’s asthma. I understand entirely the hon. Gentleman’s point. The HSE is working under great pressure to conduct the work that it must do.

Trade Union Bill (Ninth sitting)

Debate between Chris Stephens and Ian Mearns

Tuesday 27th October 2015 Public Bill Committees

[Chris Stephens]

I reiterate the comments I made on clause 9. This is a bad Bill and this is a bad clause. As the shadow Minister has outlined, we now know the wider implications.

I wish to confine my observations to the comments made by the Minister on Thursday, which he has followed up in writing. First, it appeals to my dry sense of humour that, having rejected amendments on publishing percentages, the Minister writes to us with percentages, in the letter on spending. I am encouraged by that and I hope the Minister will go back and consider publishing percentages on facility time.

The Committee owes a debt of gratitude to the shadow Minister for skilfully wheedling out of the Minister the prospect of the Secretary of State for Health dictating to devolved Administrations on the level of facility time. Presumably the same applies to local government. I am willing to wager that the Minister has not thought through the implications for local governments that have agreements with devolved Administrations on funding and powers through agreements or concordats. It leaves the public with the impression of a Government who conduct first-rate bullying, only days after they declared some Members second class, by a third-rate Administration whose casual approach to legislation does not even provide them with the foresight to realise the constitutional crisis they are sprinting towards.

In no other case do the UK Government have such powers to interfere or dictate to a devolved Administration how to conduct their affairs. The fact that the Government do not consider a legislative consent motion to be appropriate in these circumstances is either remarkable ignorance, gross incompetence or simply the act of a bully. This is dangerous terrain for the Government. I hope the Minister declares what discussions he has had with the devolved Administrations surrounding the reserve powers in the clause, and how they will be enacted.

These proposals are being made in the context of the Scotland and Wales Bills, which have still to conclude their parliamentary journey. It seems extraordinary that the Government can reveal their intentions at the last stages of this process. As the shadow Minister said on Thursday, creating reserve powers signals the intent to use them. The Minister must tell us what, if any, discussions he has had in that regard.

I signal our support for amendment 101. There are clear contractual obligations, and there will be clear costs to public sector employers, which will have to issue new statements of particulars or new contracts to public sector employees.

The proportion of spending on facility time is extremely low, as the Minister confirmed in his letter. Will the Government consider democratic mandates? The Conservative share of the vote at the general election in Scotland was the lowest since universal suffrage. The Conservatives have no mandate in that regard. I was considering whether to press amendment 85 to a Division but, because of the correspondence that we have received, I now feel obliged to do so.

[Ian Mearns (Gateshead) (Lab)]

It is a pleasure to serve again under your chairmanship, Sir Alan. In the context of clauses 12 and 13, I have been remiss in not declaring a non-financial interest in as much as I am a vice-president of the Local Government Association, which is the umbrella body for local authorities in England and Wales.

Clause 13 includes a Henry VIII power whereby Ministers will be able to use secondary legislation to push through restrictions on or to repeal the right to paid time off for trade union duties in the public sector contained in primary legislation, and Parliament will have very limited opportunity to debate or amend such regulations. It is worrying that Ministers are taking such powers unto themselves and, in essence, sidelining Parliament from effective overview and scrutiny of their actions.

The clause demonstrates the Government’s total lack of understanding of the practice of good industrial relations. First, the clause is, in effect, a blank cheque for the Government: if passed, it would give Ministers the power to limit facilities for trade union officials. It contains no explanation of how or why that power would be exercised, and it certainly provides no logic or justification.

Secondly, the provision applies only to the public sector, just like the provision to record time off for facility time, and we need to ask ourselves why that is. First and foremost, like bad employers, this Government feel it is appropriate to threaten and intimidate their own workforce. Of course, the other people who will be affected by the measure are not directly the Government’s workforce but people who work for other public bodies such as local authorities, local government and the emergency services—public servants. The main reason why the provision does not apply to the private sector is because private sector employers do not really want it.

Good employers know and understand the value of working together with their workers and with trade unions. Good employers know and understand that their greatest assets are the good people who work for them. Good employers invest in their workers—they pay them well, train them and reward them; they do all they can to encourage loyalty and dedication. They try to retain their workforce because it costs a lot of money to train staff in a range of different skills and professions. That is why the best employers work in partnership with their workers, and it is why they encourage independent trade unions.

Trade union officials are an integral part of the best companies, working tirelessly to improve relations, productivity and profits. Trade unions know and understand that workers prosper only in growing, profitable firms.

--- Later in debate ---

[Jo Stevens]

The hon. Gentleman makes a valid point that shows the inconsistencies throughout the Bill.

I hope that the Government will rethink their proposals on the certification officer. I believe that they should be withdrawn, as they are pernicious, and that the current role of the certification officer, which is widely respected, should be retained. To do otherwise betrays a disdain for independence, impartiality, fairness and, most importantly, the rule of law.

[Ian Mearns]

I rise to support the amendments. The clause will increase substantially the investigation powers of the certification officer, giving him or her powers to investigate the activities of a union even when a complaint has not been received from a member of that union, or from any trade union member at all. Surely the provision completely misses the point of a trade union certification officer’s role. Trade unions are independent organisations whose function is to represent the interests of their members. Whether or not this Government approve of trade unions, the fact remains that they perform a legitimate—some would say essential—role within a free society.

The certification officer performs a vital role, but that role does not and should not involve attacking the rights of trade unions and their members who, after all—apologies to my colleagues from north of the border—are citizens of the United Kingdom. The role of the certification officer is to protect the rights of trade union members by ensuring that unions operate openly, democratically and at all times in the interests of their members. The guidance on the Bill describes the provision as giving the certification officer new enforcement powers so that action can be taken without the need for an application or complaint from a member to be received first. The certification officer will therefore be able to investigate and take enforcement action in a number of areas where that is currently not possible or appropriate. In particular, the guidance states:

“For example the Certification Officer could act upon information or concerns he had received from a third party or on his own initiative.”

That provision is totally unacceptable in a free society.

There are more than 6 million trade union members in the UK. They are all intelligent and fully capable of raising a complaint or concern with the certification officer if they have a problem with their trade union. Why does the certification officer need powers to act when not one single trade union member raises a concern? On whose complaint or on whose authority will the certification officer act? We all know on exactly whose authority that will be. Every scare story and sensationalist headline in the “Daily Wail” or the “Daily Hexpress” will be followed up. Six million members may be completely content and satisfied, but the editor of the “Daily Wail” screaming about Len McCluskey, Sir Paul Kenny or Dave Prentis having the bare-faced audacity to stand up for their members will in future be the subject of a full investigation. That is a total waste of time, and the costs of such investigations will be passed on to the trade unions, which will have no alternative but to pay.

[Chris Stephens]

Does the hon. Gentleman agree that the provision could lead to more malicious complaints being sent to the certification officer? It could lead to fascist organisations making complaints about the funding of anti-racist groups.

[Ian Mearns]

The hon. Gentleman makes a valid point. Once enacted, the provision will give the certification officer the right, or possibly even the duty, to act on any complaint, no matter its source. That is a matter of grave concern. The provision is concerning and an expensive waste of time for trade unions.

As a means of restricting the rights of trade unions and their members, the provision is nothing short of disgraceful, and that has been borne out by the evidence from a whole range of international organisations and lawyers representing many interests. The provision will turn the certification officer’s role from one of protecting trade union members into one that is highly political. They may be forced to react to politicians and newspaper editors, instead of members. Where the certification officer becomes the investigating power, they will become judge and jury over trade unions, their members and officials. Trade union members—the ones we are all concerned about with the Bill—will have to foot the bill while having no easy mechanism to hold the certification officer to account for their actions.

Trade Union Bill (Seventh sitting)

Debate between Chris Stephens and Ian Mearns

Thursday 22nd October 2015 Public Bill Committees

[Ian Mearns]

I could not agree more; I was just coming on to that very point. There is already legislation in place that those on picket lines must, and do, comply with. That “peaceful pickets” legislation is outlined in section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992, and unions must also follow the relevant code of practice. If that legislation were breached on a regular basis, I could see why the Government would feel the need to push through this Bill, in order to safeguard workers and the public, but unions do comply with existing legislation. Even the Government’s own BIS consultation document supports that statement, finding that most pickets do conform with guidance in the code of practice. In that case, why do the Government believe the legislation is so necessary? Are they not using a legislative sledgehammer to crack a very small nut?

Furthermore, as the Regulatory Policy Committee’s recent review of the Government’s impact assessment of the measures on picketing found,

“there is little evidence presented that there will be any significant benefits arising from the proposal”.

Given that such organisations have failed to find any need for the proposal or any significant benefits arising from it, why is the legislation being rushed through the House at such a pace? As we heard, we have not had much time to go through the Bill line by line, despite its importance.

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

Does the hon. Gentleman share the concern held by many, including me, that if unaltered, the clause will lead to more blacklisting within the community?

Trade Union Bill (Sixth sitting)

Debate between Chris Stephens and Ian Mearns

Tuesday 20th October 2015 Public Bill Committees

[Nick Boles]

Of course. I was ploughing on and I did not mean to forget the hon. Gentleman. It is only because he is outside my peripheral vision—

[Ian Mearns]

You should take the blinkers off, Minister.

[Chris Stephens]

If the Minister wants to access other ballot papers, he should join a trade union. In my experience, when a ballot paper is issued, the trade unions are allowed to insert a sheet of paper that sets out fully the issues in the trade dispute, so why is the clause necessary?

Trade Union Bill (Third sitting)

Debate between Chris Stephens and Ian Mearns

Thursday 15th October 2015 Public Bill Committees

[Ian Mearns]

Q 335 Mr Taylor, have you ever made a contribution to the Conservative party by means of buying a good or service from a company whose profits from that transaction were then used to make a donation to the Conservative party?

Byron Taylor: I have, and I had no opt-out from that.

[Chris Stephens]

Q 336 Just one quick question, Mr Taylor. When it comes to legislation affecting elections, party political administration and funding, or trade union political funding, do you agree with me that it should have the agreement of either all the political parties represented in the House of Commons or a majority of the political parties represented in the House of Commons?

Byron Taylor: Yes. This comes back to my initial point about the Churchill convention, which has existed in UK law for the best part of 80 years, and I will say it again:

“It is a well-established custom that matters affecting the interests of rival parties should not be settled by the imposition of the will of one side over another, but an agreement reached either between the leaders of the main parties or by conferences under the impartial guidance of Mr Speaker.”—[Official Report, 16 February 1948; Vol. 447, c. 859.]

Even Margaret Thatcher realised the danger of interfering in the affairs of other parties. What is being created here is a circumstance in which the party of government is seeking to undermine the party of opposition. That is a very dangerous place to go in our democracy. It is deeply concerning that we find ourselves here, discussing a matter of this kind, when there is no clear agreement between the main parties.