Trade Union Bill

David Anderson Excerpts

Monday 14th September 2015 Commons Chamber

[Ms Eagle]

No. I have given way a lot of times and I am in the middle of the peroration.

Before I was so rudely interrupted, I was just about to say that the Bill rides roughshod over that right. It threatens the basic options that those at work have to safeguard their pay and conditions by standing together to win improvements. Liberty, Amnesty and the British Institute of Human Rights have all said that the Bill’s purpose is to

“undermine the rights of all working people”

and amounts to a

“major attack on civil liberties in the UK.”

That warning should not be dismissed lightly by the Conservative party. Workers’ rights to freedom of expression, freedom of assembly and freedom of association are all undermined by the Bill. For example, the requirement forcing workers to disclose media comments to the authorities a week in advance or face a fine and the requirement under clause 9 for picket supervisors to register with the police and wear identifying badges are a dangerous attack on basic liberties that would not be tolerated by the Conservative party if they were imposed on any other section of society.

Remember that it is now known that thousands of people in the building trade have had their livelihoods taken away and their lives ruined by illegal employer blacklisting, a scandal that this Government have failed either to pursue or remedy. The Bill has been criticised for being OTT, with parts of it resembling the dictatorship of General Franco. Those are not my words, either, but the words of that noted Marxist agitator, the Conservative right hon. Member for Haltemprice and Howden (Mr Davis).

That sinister intent needs to be added to other attempts by the Government to curb dissent in our country today. They have restricted access to justice by imposing fees to access the courts, which are causing the innocent to plead guilty. They want to scrap the Human Rights Act, which safeguards our basic freedoms. Their commitment to transparency in Government is in tatters with their plans to limit freedom of information powers. They have slashed legal aid and introduced employment tribunal fees, which deny women the chance to sue for equal pay or defend themselves against sexual harassment. They have limited the scope for judicial review and used their gagging law to bully charities into silence at the election, and now they are trying to silence the trade union voice through a tax on the existence of political funds, which finance general non-party political campaigning as well as the Labour party.

This is another gagging Bill, and those of us who care for the health of our democracy and civil society are united in opposing it. Clauses 2 and 3 are deliberately designed to undermine the bargaining power of trade unions by requiring minimum turnouts, thresholds and support before a strike ballot is valid. The new proposals demand a mandate for unions that breaks the democratic conventions of our society by counting votes not cast as essentially no votes.

More than half of the Cabinet would not have met that arbitrary threshold had it applied to their election to this House in May. Why do the Government have different standards for democracy and trade unions than anywhere else in our society? Clause 3 ensures that the 40% level of support restriction will apply to a much bigger list of sectors than the internationally recognised definition of “essential services” and, ominously, allows sectors to be added by secondary legislation that is as yet unpublished. From listening to the Secretary of State, it appears that the Government do not intend to publish it until the Bill is in the Lords.

If the Government are so worried about participation in ballots, why do they not allow e-balloting and secure workplace balloting, which are used routinely by many organisations? Clauses 4 to 6 might more usefully be described as the clauses that smother unions in “blue tape” and the hypocrisy of the Business Secretary in this respect is staggering. In July, he launched his drive to cut red tape, yet when it comes to unions he is increasing the powers of the certification officer and deliberately placing additional information and reporting burdens on unions. Not content with doing that, the Government, through clauses 12 and 13, are reducing the ability of trade union officials to do their jobs with the introduction of new powers to restrict facility time.

It is not hard to come to the conclusion that these proposals have been written to be as unworkable and difficult to comply with as possible. They also create many more opportunities for ballots to be challenged by employers for minor technical reasons. Again, it is clear that the increased risk of employer challenge is an integral part of the Government’s intentions.

[Mr David Anderson (Blaydon) (Lab)]

Does my hon. Friend recall that throughout the 1980s the working people of this country were lectured about giving managers the right to manage? Management in this country has agreed with trade unions at a local level who should have facility time and what they should do with it. Why should the Government have to intervene to destroy that partnership, which has worked for the benefit of all concerned?

[Ms Eagle]

Rather like Don Quixote, they are tilting at windmills, and legislating for an absurd caricature of the reality of industrial relations up and down the country, for partisan purposes. That is why we oppose the Bill.

Clauses 7 and 8 extend the notice requirements for any industrial actions and restrict the effect of any ballot for strike action to four months. These clauses are designed to narrow the effectiveness of any industrial action, even if it has reached the much higher requirements of turnout and support required for clauses 2 and 3. There is no sign of any evidence that could justify these changes and no sign of a clamour for employers to change the existing system. Indeed, these changes may intensify industrial dispute during the four-month period, and make things worse.

--- Later in debate ---

[Jack Dromey (Birmingham, Erdington) (Lab)]

My dad came to this country from County Cork as an Irish navvy. He came here to dig roads. He joined the British Army to fight Hitler and after the war he went to work at London Underground, first as a train guard and then as a train driver. He was a proud member of the National Union of Railwaymen. Why? Because he wanted himself and his family to get on.

The evidence is now, as it was then, that in those sectors of the economy where trade unions are organised, workers are more likely to be better paid, to enjoy better conditions and to have decent pensions; less likely to be discriminated against, bullied and unfairly sacked; and more likely to work in a safe workplace and to have their voice heard.

I have worked over the years with some outstanding employers. Jaguar Land Rover is but one example. At the Jaguar plant in my constituency, the leadership of the factory goes out of its way to praise the role that is played by trade unions. The trade unions have acted as an agent for change in the industry and have transformed the automotive sector into a world-beating sector of the economy.

I have also dealt with many bad employers. I remember the EMI agency factory that sacked three women—two because they were pregnant and the third because she had a sick child. We finally won the battle before the employment tribunal. The women walked back in the following day and were treated as heroines. I saw a woman workforce with their backs straightened. They had a sense at last that because they could stand together in their trade union, they could answer back, be treated with respect and enjoy dignity in the world of work.

Trade unions, quite simply, are a force for good. They are a force for liberty in the workplace and a force for liberty in a democratic society. Now, the so-called party for working people wants to weaken working people. It is part of a wider agenda. This is a Government that brook no opposition; that seek to curb independent critical voices such as charities and the BBC. Now, they want not only to weaken working people, but to bankrupt the Labour party with their proposals on party finance.

I was treasurer of the Labour party for six years. I exposed the scandal of secret loans. That led to the Hayden Phillips process, which discussed a new settlement on party finance. It was put to me at the time, “If we were to have a cap of £5,000, it would bankrupt the Conservative party.” I said that it would be downright immoral if we sought to pitch the new arrangements in a way that would break the Tory party. We now have a Tory Government that seem to have no such moral compass.

[Mr Anderson]

My hon. Friend is making a strong case. From his years of experience in the trade union movement, what does he think the change to the political funding relationship with the Labour party will do to help the people the Conservative party says the Bill is about—the people who want to go to work when there is a tube strike and the people who want to take their children to school when there is a teachers’ strike? What on earth will changing the legislation about political fund ballots do to help those people?

[Jack Dromey]

The great Jack Jones once said that working people have two ways to access power: their union card and their right to vote. Of course we organise first and foremost in the workplace, but this is also about the ability to influence legislation here in this House. The Government are determined to weaken both.

On industrial action, in 2002 I led a million-strong strike in local government. We put in place arrangements to ensure that not one example was found of, for example, people in care homes or looked-after children being put at risk. Why? Because workers always enter into sensible arrangements in the public interest to protect those whom they serve.

--- Later in debate ---

[Mr David Anderson (Blaydon) (Lab)]

I am proud and delighted to point Members to my declaration of interests. I joined the National Union of Mineworkers on 3 April 1969. Since then I have been a branch, regional and national trade union representative, president of the biggest trade union in Britain and a member of the general council of the TUC, so unlike Conservative Members I might know what I am talking about on this issue. I am really glad that the Chair of the Procedure Committee, the hon. Member for Broxbourne (Mr Walker), is here. I ask him to look into the naming of Bills in this House, because this Bill should really be called the “Deliberate Emasculation of Organised Labour and Abuse of Parliamentary Powers for Party Political Advantage Bill”.

Conservative Members do not understand the real world of work. They speak today as if every trade union member will be going to work tomorrow looking to create a strike and to bring people out time and time again. Trade unions talk to employers, and sit down with workers every day to deal with disciplinaries and grievances. They resolve disputes. They work through redundancies and reorganisations, and represent people at social security payment tribunals and industrial tribunals—genuine partnership. They develop policy on the national minimum wage and so on. They played a hugely important role in the peace process in Northern Ireland, and in the devolution programme across this country. They have also been involved in resisting, and why should they not when they are resisting job cuts, industrial decimation, attacks on individual members of staff, community devastation or discrimination driven mostly by a Government who want to have the upper hand?

This pathetic excuse for a Government does not have the statesmanship or the nous to understand that forcing their will on others in such a partisan way is simply wrong. Dressing it up as an extension of democracy is a joke. We all know that this is bad law made by political pygmies, and bad laws must be resisted. History teaches us that, if nothing else. The people of Selma, Alabama showed us that, the people of South Africa showed us that, the people in the shipyards at Gdansk showed us that, and the people of this country who threw out the poll tax showed us that. People outside this House will take action to defend themselves against these disgraceful attacks and it is wrong to use the law of the land in this duplicitous way.

The Bill attempts to build on the disgraceful lobbying Act, the gerrymandering of constituency boundaries and the attacks on voter registration. It is an act of a weak, spiteful Government and it will be resisted and ultimately defeated. If people have to break a bad law to stop it, then so be it.

--- Later in debate ---

[Boris Johnson]

Only 24% of London bus drivers decided to vote in the dispute in 2014, yet there were two one-day strikes. The 2014 strikes over ticket office closures were triggered by a ballot that attracted only 40% interest and in which only 30% of the relevant workforce voted yes.

To those who say that we politicians have no cause to set thresholds, let me remind you that in America, the land of the free, 39 states have banned strikes by mass transit workers.

[Mr Anderson]

I thank the hon. Gentleman for giving way. He is being his normal, generous self. In his two jobs, how many people in Uxbridge did not vote for him and how many in London did not vote for him? How can he condemn anybody else?

[Boris Johnson]

The hon. Gentleman will be familiar with the concept of the quorum. We are seeing a tiny minority of workers taking decisions that inconvenience the lives of millions. He will know the huge economic cost of those decisions. He will also know that the European countries that have been alluded to constantly throughout this debate have all sorts of restrictions on the right to strike, not least in Spain—someone referred to Franco’s Spain earlier—which has minimum service requirements to this day, and Germany, which has a 75% threshold. That, he should frankly put in his pipe and smoke.

This is an excellent Bill—a serious, sensible Bill. It has been striking that not a single Labour Member has stood up during this debate to condemn the strikes that are caused by a tiny minority of the workforce. Not a single one of them has condemned it. That tells us all we need to know about the Labour party. It no longer speaks for the working people of this country.