Enterprise Bill [Lords]

Debate between Chris Stephens and Kevin Brennan

Tuesday 8th March 2016 Commons Chamber

[Kevin Brennan]

That is what the Government say the target is. As the hon. Gentleman knows, I respect him greatly for his independence of mind and thought, and for his intellect on these matters. As I said at the outset, if abuses are going on in relation to public sector exit payments, we are perfectly willing to say they should be stopped, but we need to look at what the clause actually does. It picks the figure of £95,000 to generate a headline saying that the Bill will stop fat-cat public sector exit payments of more than £100,000. However, what it does not elucidate very well is that that £95,000 is not just a cash lump sum, but includes the so-called strain payments that are paid into workers’ pension funds when they are forced into redundancy before retirement age. That is money they will never get in their pockets—they are not walking away with £95,000. They are not fat cats earning more than £100,000, and some are on relatively modest incomes. The Bill will also capture many people in the private sector, which the Government were also not keen to elucidate on.

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

Will the shadow Minister confirm that the employees affected, who will be earning less than £25,000 a year, will be predominantly women? This being International Women’s Day, perhaps the Government should think again.

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[Chris Stephens]

Will the shadow Minister confirm that on Second Reading, the Secretary of State used the term “public sector fat cats” in his closing remarks in support of the Bill? Is that not in contrast to the workers whom the shadow Minister is talking about, who work in a physically taxing environment for many years?

[Kevin Brennan]

The hon. Gentleman is absolutely right. I know that it is difficult to believe—presumably, that is why the hon. Gentleman had to check before making his intervention—but the Secretary of State actually said that the measure was intended to hit fat cats in the public sector, which therefore includes everybody affected by it.

This confirms the understandable anger that is out there. My hon. Friend the Member for Ynys Môn might add examples of workers from his constituency. Agreements have been made and guarantees have been given. We were told that the provision was to hit public sector fat cats, not employees in the private sector. We have tabled the new schedule, which would exempt the companies listed from the Bill. If the Minister has another way of doing it, as I said to her in Committee, I would be interested to hear it. In Committee she was not able to offer any comfort whatever to the workers of the companies listed in new schedule 1. Her response was disappointing, given the weight of evidence submitted to the Committee and the strength of feeling among hon. Members and their constituents. Workers have made their plans and taken life decisions on the basis of promises that were made to them. As far as we can surmise from the limited information that the Minister is prepared to provide about the Government’s intentions, the Government are going to take action that will affect those workers.

In Committee, the Minister rehearsed arguments about all sorts of scares that may have been put about by mythical people whom she was not prepared to name, but going by the evidence submitted to us, the workers in question will be affected to quite a large extent. We represented the workers’ arguments in Committee and made their case on their behalf, but all we got from the Minister was a response to issues that had not been raised in the workers’ letters or, indeed, by us, and a vague reference to secondary legislation at some later date that will name some as yet unknown entities that may be excluded from the cap. In other words, all we got was an empty sheet of paper. I am afraid that that is not good enough.

We in the House need to know what the Government’s intentions are, and we need to be able to tell constituents who have written to us, and who are directly affected, whether they will be hit by the exit payment cap. Those hard-working people are the definition of strivers. They are the beating heart of this country. Their letters reveal that they are not swivel-eyed lefty loonies or fat cats but ordinary working people, many whom live in the constituencies of Conservative Members.

Ministers have put things in the Bill that are meant to get them a headline in the Daily Mail and The Sun. That is fundamentally why the proposal is so flawed. The reality, when we lift the stone and look underneath, is that it will affect all sorts of people whom the Government did not indicate that they intended to hit. Hard-working people are being betrayed by their Government. They would have made very different assumptions about what this policy meant when they read the Daily Mail headline or even the Conservative party manifesto. That is why, if the Government will not stand up for those workers, we will.

Trade Union Bill

Debate between Chris Stephens and Kevin Brennan

Tuesday 10th November 2015 Commons Chamber

[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.

--- Later in debate ---

[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.

--- Later in debate ---

[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.