Trade Union Bill

David Davis Excerpts

Monday 14th September 2015 Commons Chamber

[Mr David Davis (Haltemprice and Howden) (Con)]

I will be a lot brisker than the right hon. Member for Kingston upon Hull West and Hessle (Alan Johnson). I hope I will be able to get through what I want to say in three or four minutes. If I do it briskly enough I will irritate everybody in this debate, because there are fallacies on all sides. I was not going to declare an interest, but the contribution by the hon. Member for Glasgow South West (Chris Stephens) has provoked me. I do not have a financial interest, but my grandfather was blacklisted.

[Chris Stephens]

I merely quoted the right hon. Gentleman’s comments about Franco.

[Mr Davis]

The reason those comments resonate with me is that my grandfather, who brought me up, was as a young man blacklisted and unemployed for 17 years because he was an organiser in the coalfields in the north-east. The House will understand that I am a little sensitive to some of the impingements on civil liberties that can come out of industrial relations.

It is a particular pleasure to follow the right hon. Member for Kingston upon Hull West and Hessle. I keep calling him my right hon. Friend. He was a fabulously good trade union leader. As we just heard, he is a great debater, but he and I have also served occasionally on the same side in negotiations. Every single time, we managed to get an outcome that was helpful to the workforce and to the companies we were dealing with. That does not mean, however, that he has everything right here.

I have been very helpful to the Labour party in some of the comments I have made, but I will say this: there is an issue when a monopoly—it does not matter whether it is a private or public sector monopoly—goes on strike. The victim is then the public. It is not the workforce, because they tend to get their money back in overtime, and it is certainly not the owners, because their market share does not go away and they do not lose anything. The public, however, have nowhere else to go. I have some sympathy with much of Labour Members’ criticisms of the Bill, but they have to address this issue: how do we deal with a problem where action by a trade union, without proper and sufficient support from its membership, discomforts the public very badly?

[Mhairi Black]

Will the right hon. Gentleman give way?

[Mr Davis]

No, I am going to be very brisk.

The word “discomfort” is a very soft word to use. Not being able to go to work, to hospital or to school is more than a discomfort.

I would like to come on to my primary criticisms of the Bill. The right hon. Gentleman referred to the proposals relating to picketing. I am particularly offended by the idea that a picket organiser needs to give his name to the police force. I have discussed this with the Minister and know that this provision has been included in previous legislation. I am ashamed to say that I missed it last time, otherwise I would have voted against it. This is a serious restriction of freedom of association. It is not the same as getting the organiser of a big demonstration to give his name to the police. There is all the difference in the world between 500,000 people clogging up London and half a dozen pickets shivering around a brazier while trying to maintain a strike.

This issue is incredibly important, and we do not want to get on to a slippery slope. I say to the Minister that I will be seeking—and I am not alone—to alter the measure during the Bill’s progress. Doing that will improve the Bill; it will not make it worse or take away anything fundamental. It will, however, remove the suggestion, made time and again by the Opposition, that this is somehow a vindictive anti-union Bill. It is not. This should be a Bill for the people, not against the unions. That is what fits with our approach.

I also want to raise the issue—it is in consultation at the moment, but because the consultation has been fast it may turn up as a Government amendment later—of restricting the actions of unions on social media. This proposal strikes me as both impractical—how on earth would it be done?—and asking for judicial trouble. There will be judicial review if this line is pursued. It has been argued that the measure is there to stop bullying. Well, fine—then pass a law to stop bullying and intimidation, but make it affect everybody, not just trade unions. We already have quite a lot of laws to prevent intimidation.

They are two critical elements and weaknesses in the Bill. I say to the Minister that I will seek to prevent both of them making it through to Third Reading. I will vote for the Bill today, but I am afraid that if it still contains those measures on Third Reading, I will vote against it. I say again to him that I doubt I will be alone.

[Several hon. Members]

rose—

--- Later in debate ---

[Andrew Bridgen]

My hon. Friend makes a point that has been made often. I think we also saw the influence of the union movement in the recent Labour leadership elections and the selection of Front Benchers.

Other sensible measures in the Bill are clauses 7 and 8, which set an expiry date on industrial action ballot mandates and extend the notice period that unions must give employers from seven to 14 days. The latter will give more time to reach settlements, which can only be a good thing for all parties concerned, while giving those adversely affected, such as commuters and parents, time to make other arrangements, whereas the former is a common-sense measure given the present situation of having effectively rolling mandates that can last for years and might be ongoing long after the members who originally voted for them have left employment.

Clause 9, on picketing, has engendered a number of comments and I understand that there are concerns about the level of police involvement. There is, however, an issue of intimidation in the trade union movement. One needs only to think back to the incident with Unite officials at the Grangemouth oil refinery in 2013, in which a mob was sent to protest outside a family home with banners, flags and a giant inflatable rat, which led to a country pub and even a charity fun run being disrupted.

[Mr David Davis]

My hon. Friend makes a good point, but my simple question is: why not deal with that through a general anti-intimidation law rather than a specific union law?

[Andrew Bridgen]

My right hon. Friend has made that point and it is worthy of consideration. I am sure that he will bring his knowledge of the subject to our discussions of the Bill as we proceed.

That incident was linked to a Labour party candidate selection row and was perpetrated by union officials. That serves only to highlight how intimidation tactics have recently been employed by a limited number of trade union activists, and those tactics have no place in this country, as my right hon. Friend the Member for Haltemprice and Howden (Mr Davis) agrees.