Business of the House
David Anderson Excerpts(8 years, 7 months ago)
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Dr Coffey
I was under the impression that the legislation successfully steered through the House in the previous Parliament by my hon. Friend the Member for York Outer (Julian Sturdy) could have dealt with the issue that my hon. Friend the Member for Shipley (Philip Davies) raises. It is concerning if councils are not prepared to use that legislation, but I would suggest that we do not need to single out any group of people as regards animal welfare. If there are specific issues, I encourage my hon. Friend to apply for an Adjournment debate to consider this more carefully.
Mr David Anderson (Blaydon) (Lab)
Before I ask my question, I ask the House to send its sympathies regarding Adrian Ismay, the prison officer from Northern Ireland who died last week as a result of an attack from dissidents, and to say clearly to dissidents that we are never going to let them win, no matter what they do.
As we meet today, the leaders of councils in the north-east of England are discussing whether to sign up to a devolution deal that will give them a paltry £900 million over 30 years to spend between Berwick and Barnard Castle. That is happening on the same day that we have learned that Waterloo station will get £800 million to redevelop within three years. May we have a debate in Government time about the inequality and unfairness of how resources in this country are shared out?
Dr Coffey
The hon. Gentleman raises the issue of the prison officer, and I believe that my right hon. Friend the Prime Minister and the Leader of the Opposition appropriately paid tribute yesterday.
Devolution is an opportunity for different parts of the country to grab the powers, not just the cash, that can make a real difference to local communities. I am not aware of the situation with the devolution deal that the hon. Gentleman describes, but I assure him that the Government have continued to invest around the country, not just in London. I am sure that he will welcome the announcements that have been made about enhancing the A1 and all the contributions made by the Government, alongside the hon. Member for Sedgefield (Phil Wilson), to bring Hitachi to the region.
Business of the House
David Anderson Excerpts(8 years, 10 months ago)
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Chris Grayling
The Chancellor of the Exchequer is currently undertaking a review of pension tax relief and the way our pensions system works. My hon. Friend has great expertise in this area, and I urge him to discuss his views with the Chancellor to make sure they are included in the review. When it comes to discussing proposals brought forward by the Treasury, there will be extensive debates in this House.
Mr David Anderson (Blaydon) (Lab)
I am sure, Mr Speaker, that you and the rest of the House were as delighted as me to hear the news that my hon. Friend the Member for Blyth Valley (Mr Campbell) has won the Plain English award for speaking in this House. In line with that, may we have a debate in Government time on the use of language in this House so that we can find out what the Prime Minister means when he says he is going to look into something and what Ministers mean when they constantly say they are reviewing something? We could also discuss what is meant when someone asks a question to which they want an answer but gets something completely unrelated to it?
Chris Grayling
Nobody could accuse Labour Members of a lack of plain speaking this week. Member after Member has lined up to say that their leader is hopeless. The question is whether they are actually going to do anything about it.
Business of the House
David Anderson Excerpts(9 years, 4 months ago)
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Chris Grayling
My hon. Friend makes an important point, and I pay tribute to Southampton airport. Many years ago, long before I was a Member of this place, I was involved in organising the launch event for the terminal building, so I know it well and it is a fine asset to the area around her constituency. I am sure that Transport Ministers will have noted what she said, but it is important that she uses the platform that she has as a Member of Parliament to make the point to the airlines. Influencing outside organisations to change the way they operate is one of the things that MPs can do.
Mr David Anderson (Blaydon) (Lab)
For seven years, public sector workers have borne the brunt of the austerity agenda imposed on them by the Conservatives—800,000 people have lost their jobs, and others have had cuts in pay and pensions and attacks on terms and conditions. May we have a debate in Government time on when we will start respecting and rewarding our public sector workers, and in particular how we will recruit nurses, firefighters and care workers in the future? If we keep treating them with disrespect, no one will want to do the job.
Chris Grayling
We have some magnificent people in our public sector who do a fine job for this country, but that fact does not remove the need for us to balance the budget or the need for this country to live within its means. That was the big division and argument between us at the general election, and the reality is that we won.
Business of the House
David Anderson Excerpts(9 years, 5 months ago)
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Chris Grayling
As I said a moment ago, this is an enormously sensitive and difficult issue that we need to treat with enormous care and respect for the families involved. The Government will respond to the report in due course, and it is really important that we get this right.
Mr David Anderson (Blaydon) (Lab)
May we have an urgent statement from the Secretary of State for Health on when young boys in this country who are suffering from Duchenne muscular dystrophy can expect to have access to the drug Translarna? The drug is readily available across Europe, but its approval has been delayed in this country because of bureaucratic arguments within NHS England that are a direct result of the health service reforms. The Prime Minister and the Secretary of State for Health in the previous Government guaranteed to me and the parents that this matter would be speeded up, but it is still being held up today.
Chris Grayling
I know that this issue has already been raised with Ministers this week, and that they take Members’ views on it seriously. I will ensure that the hon. Gentleman’s concerns are once again passed on to my colleagues in the Department of Health today.
Members’ Paid Directorships and Consultancies
David Anderson Excerpts(9 years, 8 months ago)
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Mr David Anderson (Blaydon) (Lab)
Will my hon. Friend confirm that when he talks about the contributions paid by trade union members through a democratic process, that is done under rules and legislation that were drawn up mainly by the Conservatives, so the rules are their rules, which trade union members abide by to pay money to the party that they choose to support?
Grahame M. Morris
My hon. Friend is absolutely right. Every attempt is being made to try to cut the link between organised labour and the Labour party, and that is shameful. I find the attacks that are made on trade unions under the guise of whatever flag is waved on the Government Benches appalling and disgraceful.
I do speak to some Government Members privately, and I think there is a lot of concern about MPs with second jobs. May I appeal to their self-interest? I think I am reasonably hard-working, although people might doubt the quality and content of what I am saying on occasion. Does it not strike Members as odd or problematic when their colleagues are away being barristers or consultants? I have looked at the register, and some of them are getting £1,000 an hour. That means that a greater work load falls on the Back-Bench Members who are staying behind here, covering for absent colleagues who are also getting £67,000 a year for being MPs. I think that is a disgrace, personally, and it should be stopped.
There is an opportunity for Members to support this motion and make a statement. The Leader of the House said that there are faults with the motion, but there is a difference between a general rule and a general principle. We can support the general principle here today, and I urge all Members to do so.
Business of the House
David Anderson Excerpts(9 years, 9 months ago)
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Mr Hague
The best copy, as he has explained, although I had better remain neutral on that point. As I said to my right hon. Friend the Member for North West Hampshire (Sir George Young), I very much believe that there should be a debate on English votes for English laws and that the changes we have set out should be implemented, come what may. I will do everything I can to bring about both those things.
Mr David Anderson (Blaydon) (Lab)
Last autumn, NHS England halted the testing and licensing of the drug Translarna—a drug that could transform the lives of young boys with Duchenne muscular disease—to embark on a bureaucratic internal discussion on how it does business. Despite genuinely warm words from the Prime Minister and his attempts to move things on, we have been advised this week that the process will not change and that NHS England will continue with its public consultation and further discussions. While it is talking, young boys will stop walking. Can we have a statement from the Health Secretary about what exactly is happening, so that the House can express it views? Clearly, he does not seem able to intervene with NHS England, and as long as that does not happen, these young boys will see their lives destroyed.
Mr Hague
The Prime Minister has spoken about this before, in response, I think, to the hon. Gentleman, who regularly pursues this matter in the House. I think the best thing I can do to help is to inform the Health Secretary of his concerns about the time scale and ask him to respond directly. It is also possible for the hon. Gentleman to pursue debates through all the normal methods, in addition to his having raised it in the House today.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
David Anderson Excerpts(11 years ago)
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Mr David Anderson (Blaydon) (Lab)
I have tried to sit through most of the proceedings on this Bill but unfortunately yesterday I had to stay at home because I had to have an MRI scan. I do not know whether any other Member has had an MRI scan. Part of the patient’s body goes into a magnetic field and it is very noisy; there are moans and groans, bangs and clangs, whistles and whines to the extent that they give the patient a pair of headphones. Fortunately I had enough sense to take along with me the “Essential Bob Dylan” CD, and I lay there for 40 minutes and I was just getting into “Maggie’s Farm”, which is a tune I really enjoy at any time.
When I was listening earlier today to the Deputy Leader and the Leader of the House I wished to God I was back there with the headphones on, because they were making such a noise in order to try and hide what is going on here. They are the people who should be scanned, and they will be scanned very clearly about what has gone on here today and over the past few weeks, because this is not a mistake. Instead, this is part of a pattern of abuse that the two coalition parties have undertaken since this Parliament started.
There has been a range of constitutional changes for one reason and that is to get the two parties through the 2015 general election. That is not how constitutional matters should be handled. Constitutional matters should be about making this Parliament respond properly to the people of this country, not purely seeking electoral gain.
We should look at the record. What about the boundary changes? If that fix had gone through, what would we have seen? They tried to reduce the numbers to give themselves electoral advantage. They tried to put in a mathematical formula which every professional electoral registration officer said would not work, and thankfully it fell down.
They also fell down on Lords reform, which again would have given them an advantage, but they bounced back on that one. As the hon. Member for Perth and North Perthshire (Pete Wishart) said earlier, they have stuffed the other place with hundreds of people who should have been subject to this Bill’s provisions on the cash for questions issue. They have stacked the other place with people like that. Money for ermine; that is what was done.
They had the alternative vote referendum. Thankfully, that was thrown out, too. What was it for? It was for one thing and one thing only: to try to give the Liberal Democrats a constant seat in power, which they will never achieve on their own. They need to get some sort of cobbled constitutional fix which will keep them in their positions.
Now we have come to this: they have realised they are not going to be able to beat the people so they are going to try and get rid of stroppy campaigners. They want to shut people up, put them in the dark, and stop them campaigning when the people of Britain are tuned in for probably the only time in the whole Parliament—when the people want to hear what is being said, and what has been done in their name for the previous five years. They are trying to shut up the people who really know: the campaigners, the students, the Royal British Legion, the voluntary organisations, the pro and anti-hunt lobbies, and, in particular, the trade unions. They do not want them to have their say. They do not want them to expose what has been going on in their name for the previous five years.
The truth is the people have not been fooled by this. The Government must not think they have got away with this if the Bill passes tonight, goes along the corridor and comes back here in a few weeks. We know that this is being rushed through because they want it signed, sealed, delivered and stamped by the Queen before 8 May next year so there will be a full year before the election on 7 May 2015 when they can get away with hiding the facts from the nation and stopping people complaining. It will not work because the people will not forget this. They will not be forgiven for what they have done. This is not just abuse of this House, it is abuse of genuine accountable democracy.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
David Anderson Excerpts(11 years, 1 month ago)
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Ian Murray
My hon. Friend is right. Parts 1 and 2 have been shown over the past few days to be utterly deficient. There is no evidence, no drive, no remedy to be pursued, no problem to be resolved that would justify part 3. There is legislation in place, which I shall come on to later, which shows that membership lists from trade unions are heavily regulated already. Part 3 is merely a legislative burden on the trade unions timed to deflect attention, as my hon. Friend says, from other parts of the Bill that are completely deficient.
Mr David Anderson (Blaydon) (Lab)
My hon. Friend hit the nail on the head when he said that part 3 came from the high-level discussion between the Prime Minister and the Deputy Prime Minister. This is a continuation of other Bills that have been introduced over the past three years on the constitution of this country. They all aim at one thing—giving advantage to the parties in the coalition in the upcoming general election. Yesterday we saw their attempt to hide from lobbying groups and not be answerable to them. Now they are trying to curtail the influence of the trade unions and the support that they give to the Labour party in particular to give their own parties an advantage. That is what this is all about.
Ian Murray
My hon. Friend is absolutely right. The Government cannot win the next general election on the arguments so they nullify the Opposition. It is ironic that part 3 heavily regulates trade union membership lists, whereas most of the stuff attacking workers’ rights came from the report written by a certain Mr Beecroft, who donated £550,000 to the Conservative party. The Bill deals not with the Beecrofts of this world but with the ordinary working people throughout the country.
Ian Murray
My hon. Friend is right. Our amendment would allow people who have a proper complaint about a trade union’s membership list to make it through the normal channels, and the certification officer would then determine whether the complaint was vexatious or had merit before, on top of all that, deciding whether to instigate a process. If people wish to make legitimate complaints about a trade union’s membership, this Bill gives them a mechanism to do so, but our proposal is that they should be able to do so only if the professionalism of the certification officer proves that that process is required. Given that there have been only 10 complaints since 1987, I think the certification officer is pretty wily in determining what is and what is not a vexatious claim.
Mr Anderson
It is interesting that my hon. Friend has gone back to 1987, because the root of this law in the 1980s was a direct political attempt by the then Conservative Government to get trade union members to undermine their own union. There was a backlash after the miners’ strike when the then Government instigated the setting up of the scab unit to try to undermine the trade union activities of the National Union of Mineworkers.
The issue here is that only a small number of people complain to a certification officer. Does my hon. Friend know—if the Minister was listening, she might be able to answer as well—whether there is any evidence that the certification officer has raised concerns? Has he said that this is not working and that we need to change it? My understanding is that that has never happened.
Ian Murray
The trade unions have complied with the legislation, with bells on, every single year since it was introduced in the mid-’80s, and the published figures are available to the public from the certification office. As I have said, the TUC made a freedom of information request to the certification officer asking whether he had recommended a change in the law to the Government, and he replied that no discussions had taken place. That underlines my hon. Friend’s point.
Mr Djanogly
Unison and Unite now account for approximately 40% of total union membership. As such, it follows that the larger unions are becoming increasingly powerful politically and economically, and with power comes responsibility and the duty to be accountable. We can make a comparison with companies and the difference between how private and public companies are regulated. It is therefore right that union obligations to administrate themselves correctly, such as membership records, are subject to a suitable level of oversight and scrutiny, and the clause provides for that. I note that the Labour party seems to accept the number of 10,000 as appropriate for the higher level of regulation to apply.
Mr Anderson
The hon. Gentleman is being generous with his time. Will he answer the question I asked my hon. Friend on the Front Bench? If there is such a problem, why has the certification officer not raised it? Has he come to the House and said, “I’m really not happy because the unions are not staying within the remit”? Has that been the case? I do not believe it has.
Mr Djanogly
I have to say to the hon. Gentleman that the last time I visited the certification office was more than half a dozen years ago, so I am not totally up on what the latest one is thinking. However, from my experience of looking into the matter in detail—the regulations and laws have not changed—I know that the certification office has very limited powers. In fact, most people would not even see it as a regulator; rather, as I said, it is more like a Companies House collection box than anything else.
Stephen McPartland
The hon. Gentleman makes a good point. Local councils around the country have to confront a number of issues with vexatious claims and are currently struggling under the freedom of information rules introduced by the previous Government. It may well be an issue that needs to be looked at further. It is a law of unintended consequences, however, and if there have been only six complaints in the last 10 years, I cannot imagine that there would have been many vexatious claims.
In most small workplace environments, a large proportion of the employees are not union members. If they are, they are often members of a variety of different unions. Most of those employees do not want to cross a picket line and have no intention of doing so. That can be a real emotional struggle for them; I saw that a lot when I was growing up in Liverpool. If a person is being called out on strike by union members in the area but does not want to strike, I think it is perfectly acceptable for such an employee who is not a union member to be expected not to cross the picket line. However, it is perfectly acceptable for them to question whether the ballot was accurate. There is personal and social pressure put on people and it is understandable.
Mr Anderson
The person that the hon. Gentleman is talking about has that right now. There is no point in this Bill, because the provisions are already in place: the individual can already do exactly what the hon. Gentleman says. Legislation was deliberately set up that way by Governments in the 1980s to undermine the ability of unions to take industrial action. It is already law; we do not need this new law.
Stephen McPartland
The hon. Gentleman makes a powerful intervention. I grew up in Liverpool in the 1980s and I remember a great deal of industrial action. I survived. My hon. Friend the Member for Huntingdon said that the purpose of the Bill is to take things back to the 1980s so that that exists as the status quo now. I am not particularly interested in the ideological arguments going back and forth across the Committee. I genuinely believe that the purpose of clause 36 is to help people who feel that they want to make a complaint but cannot. I heard the shadow Minister talk earlier from the Dispatch Box about the possibility of a charge of £1 or £2 being exercised in respect of clause 36. I imagine that most trade unions would hate that because it would probably cost more to administer the charge than it would to send off the certificate.
The basic purpose of clause 36 boils down to transparency; it innocently says that trade unions need to know where their members are. There is a massive reality gap here. We all know from the electoral register, which we deal with every single year in all our walks of life, that the number of people moving in and out of constituencies when they move home is huge.
Mr McKenzie
I will restrict my remarks to clause 36 and to supporting our amendments. As we have heard over the past few days, this is a bad Bill and it would be poor legislation. Part 3 and clause 36 have clearly been ill thought out and ill conceived by the Government—but they have clearly thought through what they want to achieve. These measures would achieve their goals, but, unfortunately, they are not the goals a lobbying Bill should set out to achieve.
To compound things, this Bill is being rushed through Parliament at a speed that would make Usain Bolt envious. Opposition Members repeatedly ask, “Why the hurry? Why can’t we take a bit of time to scrutinise this Bill and get it right?” There has been no consultation on the Bill either, which has been highlighted.
Mr Anderson
My hon. Friend asks, “Why the hurry?” Does he agree that it is because the Government hope to get this Bill on to the statute book so that for 12 months from 8 May next year lobbying groups and trade unions will find that their hands are tied in criticising the Government’s record and reminding the people of this country what a dire mess they have got them into? They are trying to hide that from the public.
Ian Lavery
Although the trade unions were not very receptive to the legislation initially, they accepted the change in the law. They accepted that the TULR regulations had to be adhered to, and they have done so—reluctantly, although now it is not too much of a problem. In fact, in many ways it helps trade unions to keep people pressed to ensure that they have up-to-date names and addresses for all members. The trade unions were not receptive at the time; they are happy now. Indeed, I have not spoken to any union or union representative, or even any union member or non-union member—not one person—who has told me that we need more legislation on union names and addresses in the register. Although the unions were not happy about the 1992 Act initially, it has been acted upon and delivered. There are not many complaints, as we have heard, to the certification officer because of problems with the names and addresses in the register or the legislation, so everything seems to be in order. Everything seems to be going ahead, yet the Government have put these proposals before us.
Mr Anderson
Is my hon. Friend award that the TUC briefing says that it has made freedom of information requests to the Department for Business, Innovation and Skills, ACAS and the certification officer asking whether anyone has been raising this issue, and that no one has?
Ian Lavery
That is an important point. I have been in front of the certification officer on numerous occasions in my previous employment, on lots of different issues—some not very pleasant, by the way—but there are very few people complaining to the certification officer about this issue. We heard the facts and the figures from my hon. Friend the Member for Edinburgh South(Ian Murray), which show that there is no one complaining. The only person complaining is the certification officer, who is saying, “What on earth do you want me to do here? I’m only doing what I’m expected to do. What’s happening?”
Ian Lavery
Speaking from vast experience, it is always in a trade union’s interest to maintain the best possible record of its members, for a whole raft of reasons. A good trade union does not stand on its hind legs every week screaming, “Strike, strike, strike!” A good trade union needs the correct names and addresses of its members, so that it can address all the problems that society currently faces. This is not just about strike action, which was mentioned by the hon. Member for Huntingdon (Mr Djanogly). That is always a last resort. But I will tell you something, Mr Sheridan. I was on strike for a full year during the miners’ strike, and what a brilliant year it was! I was fighting not for myself but for the wider society, for jobs and for communities up and down the country. It gives people a lot of pleasure if they are taking action and suffering greatly for those reasons. My father and my four brothers were all on strike—my mother had a hell of a job—but we enjoyed it because we were fighting for others. That is what the trade union movement is about, and that is why I get terribly upset by the constant union-baiting from the Liberal Democrats and of course the Tories.
It is in everyone’s interest to keep accurate records. Under the measures that were introduced in 1992, trade unions have to have that information for balloting reasons, among others. They normally have to send a full membership list with the annual return form, the AR21, to the certification officer anyway. The problem was that whenever we tried to take any type of democratic industrial action, the employer would say to me as the local representative, “You’d better have the right names and addresses. If you haven’t, we’ll get an injunction. Then, under the law, the union will be liable for any loss to the company resulting from strike action.” At the same time, the employer obviously had a list of everybody’s names and addresses. A responsible employer has everyone’s name and address in order to pay them—some trade unionists might prefer to keep their identity private—so surely it should be incumbent on the employer to allow any change in name and address to be passed on to the relevant trade union so that the union can act in accordance with the law. Is that too much to ask? It is feasible, but it is a trap.
I was a representative at different levels of the union, and we would sometimes appear in front of the certification officer and often the High Court. If industrial action occurs, it might be said that somebody’s name has been spelt incorrectly or that somebody has died without people being aware of it in order to try to get that whole democratic process abolished. That is the problem with this legislation.
Many colleagues on both sides of the Committee might agree that bureaucracy is not always a dirty word. Since the Prime Minister got the keys to Downing street, the Government have promised to cut red tape. What have we seen? We have seen the Government making it easier for people to be hired and fired for no particular reason. They have gone to work with some zeal in attacking workers’ rights at every opportunity, and they have relaxed health and safety legislation. The unions have rightly opposed all those things, which they won in the first place.
I have said before that it is funny that the only area where the Government have sought to increase bureaucracy is in the administration of trade unions. This will not be for the last time either. Unfortunately, this coalition, with Liberal Democrat support, will continue to oppose and attack not just trade union members, but many of the most vulnerable people in society. That is what they are about. As I have said, I believe that at the ballot box they will reap what they have sown. That, by the way, is democracy.
This Bill is undoubtedly about ideology. It is a thinly veiled attack on a movement that the parties on the Government Benches despise. We could move on to deal with the duty to appoint an assurer, but at this point I would like to pay tribute to my hon. Friend the Member for Edinburgh South and of course the shadow BIS Secretary, my hon. Friend the Member for Streatham (Mr Umunna), who has highlighted another issue relating to another problem with these lists: they will allow organisations to increase blacklisting, which is already the scourge of the working class. Because of information being passed willy-nilly from employer to different secret organisations, some people are on blacklists. At the end of the day, these people and their families can suffer greatly for the rest of their lives.
That is a problem with the data. The new rules will mean that three new groups will have access to individual membership details—three new opportunities for data to escape into the public domain. Several organisations have raised a concern—I have already mentioned it—about the legality of that. The trade union movement and its individual organisations have a duty under the Data Protection Act to ensure that the information they hold on individual members is kept secure, but this new legislation when passed—not “if”, because it will be passed—will prevent that from happening. There will be a legal contradiction about who is right and it will be up for legal challenge.
I think that in any other country, action such as this on the part of a democratically elected Government would be condemned as an attack on free trade unionism, and I think that that is exactly what is happening in this case. It is about time that the coalition Government sat back and paused, as they have in the past. It is time that they consulted others, got the legal position right, and then returned with reforms that actually meant something and changed something. I look forward very much indeed to the Minister’s response, which should take all of one minute.
Mr Anderson
It is a pleasure to see you in the Chair, Mr Sheridan.
I intend to focus on clause 36 stand part. Let me begin by putting it on the record—in case anyone thinks that I am trying to hide it—that I am very much part of the trade union movement. I am a former national president of Unison, and a honorary life member of that union; I am a member of the Communication Workers Union, and a former proud member of the National Union of Mineworkers; and I was a member of the General Council of the TUC for six years. So I think that I may just have a little bit of an idea of what we are talking about, whereas other Members who are in the Chamber may not.
I was actively involved in the trade union movement for 40 years, and during that time I challenged very drastically some of the legislation that has been referred to today, including the Trade Union and Labour Relations (Consolidation) Act 1992, which the trade unions described at the time as a scabs’ charter. That was exactly what it was there for. It was there to help people to take on and undermine their own trade unions. It was a deliberate attempt by the Conservative party to undermine trade union legislation and trade union activity, and exactly the same thing is happening today. This Bill is part and parcel of that legislation. [Interruption.] It looks as though the Minister wants to intervene.
The Temporary Chairman (Jim Sheridan)
The Chair will decide what is in order.
Mr Anderson
That is par for the course in this debate, Mr Sheridan. The Government are trying to stifle debate, and they are doing that by pushing the Bill through Parliament in record time. They do not want to hear the truth. They do not want to hear the facts. There is a thread running through this debate. It is not about the clauses; it is not about the words on the paper; it is about a political fix. The Minister’s party is colluding with the Tory party in an attempt—a direct attempt, as we heard yesterday—to fix the people in this country so that their voices are dumbed down.
The 1992 Act created the office of commissioner for the rights of trade union members, or CROTUM. There was also a Scottish commissioner for the rights of trade union members, or SCROTUM. That is what the debate, and the Bill, are about. It is fitting in this context. That office was set up deliberately to encourage disgruntled trade union members to get out of their unions and undermine them.
The Minister said that I should return to the subject of the clause, and I shall do so now. Let me ask this: why are we here? This debate ought to be driven by the huge public concern that exists in this country about cash for questions, cronyism, dinners at No. 10 and the buying of favours. We ought to be discussing what was revealed yesterday by my hon. Friend the Member for Bassetlaw (John Mann): the fact that private individuals pumped £250,000 into his constituency to try to prevent him from becoming Member of Parliament for Bassetlaw. We should be discussing those issues, rather than the minutiae of legislation that is already more than adequate.
As was pointed out by my hon. Friend the Member for Edinburgh South (Ian Murray), 40 million people have been registered on union lists in the last seven years, and there has not been one complaint. The people of this country are not concerned about what certification officers are getting up to; they are concerned about cronyism. They are concerned about the influence that Murdoch has, and the influence that private people have. They are concerned about people such as Asil Nadir and Michael Brown, who are languishing in jail while the Government parties keep money that they stole.
Andrew Gwynne
My hon. Friend is making a superb speech. If his constituency mailbag is anything like mine, he will have received hundreds of e-mails and letters about yesterday’s business. How many people in his constituency have raised concerns about the certification officer?
Mr Anderson
Absolutely none; not one.
We heard earlier from our learned friend the Chairman of the Political and Constitutional Reform Committee about the work it was doing to try to build a consensus across the House in addressing the points the people of this country are really worried about. That has been thrown out of the window, however, so that yesterday we discussed attacks on charities and organisations like the Royal British Legion and today we are talking about attacks on the trade union movement.
Stephen McPartland
Is the hon. Gentleman prepared to tell us how many unions have approached him with concerns about the certification officer and this part of the Bill?
Mr Anderson
No trade union has approached me about the certification officer, but, as my hon. Friend the Member for Wansbeck (Ian Lavery) said, the unions campaigned against legislation in the 1990s, but they have now accepted the reality of that legislation. They have put money aside time and again. Staff time is used up and people are employed to make sure the records are kept up to date. There is no reason to do what this part of the Bill is saying should be done, and what this part of the Bill is supposed to be about does not in any sense have anything to do with lobbying or people misusing lobbyists.
As we saw yet again today, the Prime Minister cannot stop himself: he has to attack the trade union movement, because that is part of the narrative—the big, bad trade union bosses who are controlling the Labour party, telling the leader what to do and telling us all what to do, and bankrolling us. That is absolute guff. The people being bankrolled are the Members sitting on the Government Benches, who are bankrolled by people who have no democratic right whatsoever and where there is no transparency about what they are doing. The truth is the agenda is very clear: big business is getting away with murder.
We have heard over the past few days that 1% of lobbyists could be caught by this Bill. What about the other 99% who are getting away with things? That is what the people of this country are worried about.
This is a continuation of a raft of constitutional work that has been done over the past three years: the alternative vote referendum Bill, Lords reform, the packing out of the Lords, the boundary review, the attempts to impose city mayors. They have been introduced for one reason alone: to tip the balance of power in favour of the coalition parties at the 2015 general election. It is a deliberate ploy, and people can see through it and see it for what it is. The Government want to put this Bill in place quickly so that from 8 May next year there will be a year when trade unions and civic society are banned from speaking, because the Government want to try to make people forget the mess they have got this country into and the things they have done such as introducing tuition fees and the bedroom tax, and not responding positively to the Robin Hood tax campaign. They want a vacuum in that year so no one can challenge them. The people of this country will not have that, and I am convinced that if this Bill becomes law there will be a lot of people who are prepared to stand up and break that law.
Lady Hermon
Would the hon. Gentleman care to comment on the inconsistency in the Government’s approach? A Bill relating to Northern Ireland is going through that will continue the anonymity of donations to political parties in Northern Ireland, but this Bill, which is about the transparency of all sorts of things, is putting huge burdens on charities and trade unions. In Northern Ireland, however, we do not know how much, if anything, any of the parties represented in this House are contributing across Northern Ireland.
Mr Anderson
As the hon. Lady will know, I serve on the Northern Ireland Affairs Committee and I have been involved in the pre-legislative scrutiny of that Bill. The way it has passed through this House is a model of how to handle legislation. We went to Northern Ireland, we met people over there, we brought people to this House, and we talked about the implications of the measures. We talked literally about life and death matters, because people are frightened. They say, “If I’m exposed as supporting this political party, my life could be at risk.” That is a model of how to deal with a Bill, but it is the exact opposite of what has happened with this Bill—what has happened here is an absolute disgrace.
Inconsistency is a problem. I have mentioned a number of times that no one seems to think it is an issue. Three organisations that ought to know whether or not the current arrangements are working are the Department for Business, Innovation and Skills, the certification officer and ACAS, and they all say they have had no complaints.
We have heard this is part and parcel of a modernisation process. What about the Government’s system of one-in, two-out regulation? Regulations will be involved in implementing this measure, as will costs to the taxpayer, when we employ assessors and investigators. What does that do? I hope that the Minister will tell us how many regulations she thinks might be needed to put this in place and which regulations she will take out to cover for it.
It is clear from our discussions that there are two reasons why this measure is going to be pushed through. First, it will make it very much harder for unions to have democratically effective industrial action—that is clear. Secondly, as has been reported by Liberal Democrat Lord Tyler—this was mentioned by my right hon. Friend the Member for Wentworth and Dearne (John Healey)—it is about having an impact on the ability of trade unions to fund the political party they choose to fund. It is dead clear that that is what it is about. People are not stupid. Government Members expect the public of this country to be treated like fools, but people are not fools and they can see through this; the Bill is about “transparency”—there is a lot of transparency going on at this time. People know exactly what is happening.
Why should this “transparency” apply only to people who support the Labour party? Why are we not talking about whether it is right and proper that we can see what makes up the Labour party’s political fund? When are we going to see the same from the other parties? When are they going to cough up? When are they going to show us where their money comes from? We can see why they would not want to do that.
This measure is just like yesterday’s in that it is about Government Members trying to shrink away from accountability—the accountability that applies to those such as the TUC, the trade union movement, the Royal British Legion, the Robin Hood tax campaign and the National Union of Students. This is the accountability that people demand of us and that they will want to demand of us coming up to an election, and it is right that they should do so. It is the mark of a civilised society that we stand up and are accountable. Sometimes when we stand up we are found wanting and people get rid of us. Sometimes when we stand up we are not found wanting but they still get rid of us. That is called democracy and we should not be frightened of it. Clearly, Government Members are frightened to stand up and be made accountable.
Andrew Gwynne
Do the current regulations governing the trade union movement, which were so eloquently set out by my hon. Friend the Member for Wansbeck (Ian Lavery), not mean that few organisations are as transparent and open as the trade unions in the United Kingdom?
Mr Anderson
I thank my hon. Friend for that intervention, as there is absolutely no doubt about what he says. I do not think that any Government Member has said that it is not the case. The one Government Member who made a serious contribution was the hon. Member for Huntingdon (Mr Djanogly), who spoke about whether this measure should be more restrictive. Although I would not agree with his view, he was making the point that we have something in place. He was asking whether we could make it tougher, but even he accepted the fact that the certification officer was saying, “There isn’t a problem.” The numbers that have been cited clearly show that there is no problem.
The TUC was right to say that this measure is part and parcel of a package that is attacking free speech: it is limiting criticism of the Government or Government policies; it is threatening the legality of the TUC to do its business through its congress; it is preventing the TUC from having a national demonstration in the lead-up to any elections; and it is preventing campaigning. As the hon. Member for North Down (Lady Hermon) said, it also raises particular issues in places such as Northern Ireland and has implications there. So, if nothing else, we should be saying, “This is not on.”
My right hon. Friend the Member for Wentworth and Dearne asked the Leader of the House, when he was still here, why he will not do the same as he did when he was Secretary of State for Health—pause and reflect.
Mr Anderson
He could resign—that is a good idea.
I am clear that the Government will not pause and reflect because they want to ram this measure through. There is a timetable involved. The Conservative party has decided that 7 May 2015 will be the date of the next general election, so 8 May 2014 is the day when campaigning stops, when criticism stops, when the charities have to shut up and when the trade unions have to watch what they are doing. We will get through the process of the Bill going to the Lords and coming back here just before Christmas. It will then be banged on the head and the Queen will put the stamp on it before 8 May 2014, so that Government Members can try to hide from their liability for the state they have got this country into. It is not on. This measure is not needed and it should be withdrawn. I will be supporting the very moderate amendments that have been tabled by Labour’s Front-Bench team, but it must be said that we are being led by the coalition, which is doing this for no other reason than self-interest, just as was the case on other constitutional matters. They are trying it on in this way and if the measure gets through it will be a disgrace for democracy in this country.
Jo Swinson
We have had a wide-ranging debate this afternoon on this string of amendments. At some points it might have resembled more of a part 3 stand part debate, but we have certainly discussed clause 36 stand part and the amendments, and I hope to address the points that have been made.
It is important that union activity and decisions reflect the will of members. Knowing who their members are and being able to engage them is fundamental to unions’ democratic accountability.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
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Tom Brake
We could continue this rather unfruitful dialogue, or I can restate that, whatever the charity to which the hon. Gentleman refers did in the run-up to the 2010 general election, we will ensure the same clarity about what it can do in the run-up to the 2015 general election, and there would be no difference.
Tom Brake
When the amendment is made public—we have made a commitment to do that—I am sure that those organisations will be effective at lobbying us, and no doubt 38 Degrees will also want to communicate its views. We will be informed about whether the different organisations consider our amendment to be sufficient to achieve what they are requesting.
Tom Brake
I am going to make some more progress.
The amendments tabled by my hon. Friend the Member for Caithness, Sutherland and Easter Ross would alter clause 26, so that a third party would incur controlled expenditure only when it undertook activities that fall within part 1 of proposed schedule 8A to the Political Parties, Elections and Referendums Act 2000, as set out in schedule 3 to the Bill, and are incurred “for election purposes”. It would also remove the definition of “for election purposes”, which means that “for election purposes” would be undefined in the legislation. I can see that the objective of the amendments is to maintain the expanded list of activities that would count as controlled expenditure, but to revert to the existing definition, as used for “election materials”.
The amendments tabled by the hon. Member for Caerphilly seek to reinstate the current legislative arrangements. Recognised third parties would incur controlled expenditure only for “election materials” and only for certain activities, such as advertising and unsolicited materials addressed to electors. The Government believe that aligning the activities for which political parties and recognised third parties incur controlled expenditure is a sensible and reasonable objective. As I have said, this measure is advocated and supported by the Electoral Commission.
The hon. Member for Leyton and Wanstead (John Cryer) referred to Hope not Hate. I agree with him that many of the things that people have said today will result from the Bill will simply not happen. However, given that Hope not Hate spent above the cap proposed by the Government, its spending would be constrained, so he touched on a genuine point. I will be meeting Hope not Hate to see whether we can address the concerns it might have. With organisations such as 38 Degrees and Hope not Hate increasingly switching to online campaigning activity, the costs of campaigning could go down, as it is much cheaper to campaign online via e-mail than by using postal mailshots. I will meet that organisation to discuss the matter in any case.
There is a potential gap in the regulatory regime when a recognised third party that undertakes public rallies and media events would only incur spending on election material made available to the public, whereas if that were done on behalf of a political party, the cost of the full range of activities would be captured. This objective should not be lost in the wider discussion relating to charities and voluntary organisations.
A further amendment tabled by the hon. Member for Caerphilly seeks to amend the definition of “election purposes” so that controlled expenditure would be incurred only by a recognised third party when it was its direct purpose. It is useful to highlight to the Committee that, under the currently regulatory regime, the test for “electoral materials” has a subjective and an objective element.
Angela Smith
I have noted the hon. Gentleman’s interest in this issue in the past. I point to the answers given by my hon. Friend the Member for Bishop Auckland earlier: funding agreements between the state, local government and charities tend to make it virtually impossible for charities spending public funds to spend them on any other purpose.
This is a dog’s dinner of a Bill and, as the hon. Member for Harwich and North Essex (Mr Jenkin) said a short while ago, even that description of the Bill is an insult to dog nutrition. So let us be clear: our invitation today to the Conservative partners in the coalition is to place reform of third party spending in elections clearly in the context of a cross-party consensus on political party funding and political party spending. We need to see a cap on donations to political parties—our leader has suggested a cap of £5,000—and we need to see meaningful reductions in spending limits by political parties in general elections. We need to stop this spending race, which sees spiralling sums of money spent on successive elections. No more dodgy dinners in Downing street; no more bankrolling of the Conservative party by a tiny number of wealthy City donors. The Electoral Commission itself has made it clear that reform of third party spending is needed, but not like this. Clause 27 has caused huge consternation in the third sector, because if passed into law, it would play a major part—along with the other clauses in part 2—in effectively gagging the third sector in election periods. The changes will have a chilling effect on our national debate in the year before the election. That cannot be right for any modern, 21st-century democracy.
Mr Anderson
In an earlier debate, our hon. Friend the Member for Bassetlaw (John Mann) raised with the Deputy Leader of the House, who is no longer in his place, the scenario in which charities would not be allowed to campaign in his constituency, yet political parties could spend £250,000 there, as they did, trying to undermine him and make him lose his seat. Is that not the real scandal of this Bill? It does nothing to address that concern. It will affect charities, who have a genuine right to lobby, but do nothing about such abuses of power.
Angela Smith
Our hon. Friend the Member for Bassetlaw (John Mann) articulated clearly the feelings of parts of many organisations in the third sector, who feel aggrieved that they are being picked on, as it were, in this Bill while the big spending takes place elsewhere.
The sceptical among us could be forgiven for thinking that in part 2, and clause 27 in particular, the Government appear to be trying to insulate their record and policies from legitimate democratic criticism. For example, a number of recent high-profile third sector campaigns could well have been stymied if this Bill had been in place. They include campaigns such as Stonewall’s equal marriage campaign or the Royal British Legion’s military covenant campaign. Indeed, as has been made clear on a number of occasions this afternoon, the National Union of Students could find it difficult to hold Members to account in the forthcoming election period.
It is perfectly possible that the Bill could also prevent the coalition of charities campaigning for plain packaging for cigarettes from making its case in the forthcoming election period. That is how serious the effect of this Bill could be. Cancer Research UK and the British Heart Foundation could suffer the dampening effect of this Bill, and thereby become reluctant to make their case, while at the same time Lynton Crosby—a lobbyist for the tobacco industry—is working from the heart of the Government machine in Downing street. At a time when trust in politics is at an all-time low, why do the Government want to restrict the one part of our politics that is doing a good job in engaging people from all backgrounds in our political process? Why do the Government want to risk lowering the reputation of our political culture even more?
Clause 27 also illustrates a worrying trend on the right in politics—the challenge to the role of charities in the Prime Minister’s big society. Let us take the recent speech by the Justice Secretary, who proposed in an article in the Daily Mail recently that we ought to curtail the use of judicial review because—in his words—
“judicial reviews are launched in order to try to disrupt Government policies, such as those initiated by anti-HS2 campaigners or by those who believe it is right that taxpayers’ money should be spent on subsidising people in social housing to keep spare rooms.”
More and more, we are seeing challenges to a vibrant civil society—challenges that, if acted on, would contribute to an insulation of Government from the crucial checks and balances needed in a healthy democracy.
Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill
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Ian Lavery
I fully agree with my hon. Friend’s remarks. I will come on to that point in the later part of my contribution.
The Bill misses the Lynton Crosbys and the Lord Ashcrofts, and will allow them to plough millions and millions of pounds into constituencies while other people are constrained in how they want to do their business. Not only does it fail to deal with corporate lobbyists, but it effectively stitches together the lips of the big society, in the year before a general election, for fear of breaking the rules. In her excellent contribution, my hon. Friend the Member for Wallasey (Ms Eagle) mentioned that my hon. Friend the Member for Nottingham North (Mr Allen), the Chair of the Political and Constitutional Reform Committee, who has just left the Chamber, described the reforms as a dog’s breakfast. The hon. Member for Clacton (Mr Carswell) disagreed, saying
“He is wrong, of course. Far more thought has gone into pet nutrition than into this Bill.”
The hon. Member for Clacton has great experience of being a Government attack dog and someone here is barking up the wrong tree. For a Government who created a Minister for the big society to create such a Bill would be laughable if it was not so frightening. It has been described as having a chilling effect on the work of charities, pressure organisations and local community groups. This is an unprecedented attack on our national institutions of democracy and on individual free speech.
Mr David Anderson (Blaydon) (Lab)
I apologise, Madam Deputy Speaker, for being late for this debate; I have been in a Committee meeting. My hon. Friend said that the Bill was unprecedented. Does he agree that the other constitutional changes that the Government parties have tried to get through this House, such as boundary changes, Lords reform and changing the voting system, are the same as this Bill? They are using the constitution to give themselves political advantage at the next election and future elections. That is what this Bill is about.
Ian Lavery
I thank my hon. Friend for his comments; he is absolutely right. Everything in this Bill is about giving the coalition political advantage in the year running up to the next election—and, indeed, at every election.
The Bill is an unprecedented attack. Charities, campaigning organisations and local groups are frightened by the Bill, but they should wait until they hear the detail and see how it develops. We will see people leaving local groups. There will be no voice for the local opposition to wind turbines, fracking or anything else. We will not have trustees on trustee boards of charities because they will be frightened in case they break the law, because they do not even understand what this law means, and they are not the only ones. We had a meeting this morning with some barristers who said that they had spoken to the Electoral Commission and they did not have a clue what the legislation meant. What is more, they said that the Electoral Commission was not even consulted on the legislation. They are the people who will be policing the legislation and they have not even been consulted on any of the detail. It is absolutely unbelievable that the Government have approached the issue in that manner.
Charities and campaigners have worked tirelessly. They have opposed the bedroom tax, reductions in doctors and nurses, reductions in the police and the fire service, and reductions in many other public servants. Those groups have opposed increases in tuition fees and issues such as fracking, wind turbines and nuclear power. You name it, Madam Deputy Speaker, local charities and groups have been involved, and good on them. Do we not want people to be involved in politics? Are we happy to come here as 650 MPs just to discuss ourselves and ignore what the rest of the country wants? Is that what we want? I am sure it is not, so we need to listen to what is being said out there by the people.
The people who have been e-mailing me are hardly raving militants looking for a revolution. What they want is fairness. They want to be able to understand what this legislation is about. I was embarrassed for the Leader of the House. He made a botch-up of the NHS Bill and here he is the second time, with a Bill placed before him that he could not even defend.
Natascha Engel
That is exactly right and it is why the debate today has been a missed opportunity. We would all like to do something quickly about curbing the excesses of the wrong kind of lobbying, but the Bill captures the right sort of lobbying—exactly the sort that we as politicians should encourage. We want people to influence the way that we make decisions because it is their democratic right to do so, and those are not the sort of people that we want to criminalise.
It is on trade unions that I have the greatest problems. In the run-up to the 2005 general election I worked as the trade union liaison officer for the Labour party, and straight after the general election I helped to co-ordinate the last round of political fund ballots, so I know from personal experience just how heavily regulated trade union political activity and financial matters are. They are extremely heavily regulated. Membership records are up to date. Trade unions must have up-to-date membership records; otherwise they would be cutting down their own income. When they ballot members for strike action, they need to know who those members are and where they live, and when they want them to participate in internal elections, it is in their own interest that their membership records are up to date. They are also kept up to date by law.
Trade unions are democratic and accountable institutions. The Leader of the House implied that trade unions are somehow unaccountable institutions. That is absolutely not so. Any trade union member has the right to opt out of paying into a political fund. Members may choose not to pay the political levy. Every 10 years they are balloted about whether they want a political fund in their trade union. Also, in those ballots every 10 years—we are going into the fourth one now—more than 90% of members who vote are in favour of keeping their political fund. These are massive figures, which we as political parties can only dream of.
It is important to remember that freedom of affiliation is a fundamental pillar of our democracy. Before we rush into changing the way that these very important institutions work in society, we should reflect more carefully on what the perfectly foreseeable consequences of such legislation could be. The Bill is badly drafted. I take the point made by my hon. Friend the Member for Newport West (Paul Flynn) that it may be a deliberate attempt to do something else.
Natascha Engel
I need to finish quickly so that other Members can come in.
The Bill is badly drafted because it is badly motivated. It is a panicked response to corrupt activities that have been taking place and are already against the law. The current law captures everything that has happened in the past, but it was broken. It needs to be better enforced. The Bill will do nothing to change people’s behaviour, but it will stop non-party campaigners speaking out for or against candidates and policies 12 months before a general election. That worries me.
I look forward to voting against the Bill tonight. I hope it goes the way of the boundary review, Lords reform, the alternative vote referendum and all the other pieces of gerrymandering dressed up as constitutional reform, and that it ends up in the bin.