Draft Important Public Services (Health) Regulations 2017 Draft Important Public Services (Border Security) Regulations 2017 Draft Important Public Services (Fire) Regulations 2017

Gill Furniss Excerpts

Wednesday 1st February 2017 General Committees

[Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)]

It is a great pleasure to serve under your chairmanship, Mr Bailey. As the Minister outlined, the Trade Union Act 2016 introduced a requirement that at least 50% of eligible union members must vote in an industrial action ballot for it to be lawful. In addition, union members in sectors that the Government define as providing “important public services” will be subject to the requirement that any ballot for industrial action must achieve a 40% threshold of support.

Five sets of draft regulations determine the sectors covered by that additional 40% restriction. Today we considering the health sector, namely emergency, urgent and critical healthcare services; fire and firefighting services, including the co-ordination of emergency response; and border security and border functions for the control of entry and exit of people and goods into and from the UK.

I will not overly repeat the many issues that the Opposition have with the Trade Union Act as a whole and with these specific regulations, because I spoke to them at length yesterday when we considered their application to the education and transport sectors. However, it is important to reiterate that the regulations on voting thresholds for certain groups must be seen in the wider context of the Trade Union Act, which is a broad assault on working people and the right to strike.

The Government claim that, by imposing additional regulations on certain groups, industrial action is made more democratic and accountable. If they are so concerned about the democratic ability of unions, why did they delay and frustrate the implementation of electronic balloting for union members? I remember from yesterday’s debate that the Minister told us that e-balloting is under review. She initially said that the review would be published later this year, but then said that it would be published “soon”. I would like to know the answer today. I am pleased to hear that there may yet be progress on this initiative, but I think that it betrays the Government’s real motivations, which are to hamper the ability of working people to bargain collectively.

When strike action in the UK is already at an all-time low, and trade unions already take great care to maintain a level of essential service, loading an incredibly highly restrictive set of activities with further red tape is clearly ideologically motivated, and that is not good for governance.

[Stella Creasy]

It is unusual and telling that such a restriction is being brought in. I know that the “r” word referendum is not a popular one in this House with many people, but were we to impose such a threshold on referendums, or indeed on general elections, I am sure that there would be debates about that. No such arguments have been made, yet when it comes to people’s working rights, somehow the Government feel that such measures are entirely appropriate. What does my hon. Friend think that says about their approach to democracy and genuine engagement with people?

[Gill Furniss]

That is a very good point and we should all think about it.

The Government’s actual intention in introducing the regulations, which they expressed in their impact assessment of the Trade Union Act, is to reduce number of days lost to strikes by two thirds. However, Office for National Statistics figures show that, in 2015, fewer working days were lost to strikes—it is the second-lowest annual total since records began in 1891.

We in Labour believe that the right to strike is a fundamental human right that should be applied equally to all workers. The International Labour Organisation’s Labour Relations (Public Service) Convention 151 also provides that public servants must enjoy the same political and civil rights as other employees. The regulations clearly fly in the face of that convention.

Midwifery staff in hospitals would be affected by these regulations. Yesterday, I quoted Cathy Warwick, chief executive of the Royal College of Midwives, who wrote shortly after the first ever strike by the RCM since its foundation in 1881. She said that

“women needing urgent and emergency maternity care were getting it because midwives had sat down with management in advance of the day to ensure that a safe service would still be running, staffed by midwives, regardless of the strike.”

The new laws are unnecessary. They undermine the right to strike and are unlikely to be effective and the Government are dragging their feet on measures that would actually improve union democracy. I am very tested by the fact that we will still have to wait for the introduction of e-balloting. A lot of good points about people’s rights to withdraw their labour were made in yesterday’s debate, and about that being fundamental for working people. Above all, I want to reiterate the damage the measure could do to industrial relations in those areas of work. Rather than things becoming more democratic, with more people allowed to participate, there will be more union officials running about trying to get the numbers rather than talking and seeking compromise or whatever results we try to get in industrial relations negotiations.

I repeat that I will not support the measure. I should like an answer on e-balloting and want the Minister to take on board the fact that we already have evidence that striking is a last resort. Strikes happen when agreement cannot be reached. We already have evidence that the services we are discussing today will always ensure that the public are not unduly affected by their strike action.

--- Later in debate ---

[Gill Furniss]

Opposition Members are clear in what we believe. In conclusion, I go back to the example of the midwives. They have had one strike in more than 100 years; the next could be in the next century. It seems bizarre that we are setting legislation for the next century, not for here and now. The legislation seems draconian and confrontational to members of trade unions because there is no evidence of any particular problem. As has been stated over and again, we have lost the lowest number of days to strike since records began, so why are we doing this? It affronts me that the Prime Minister, only recently when in America or wherever, keeps going on about workers and says, “I’m all for workers’ rights.” Well, she is not, is she? No Conservative Members are, because if they were, this draconian legislation would not have been brought before the Committee.

[Michael Gove]

Speaking as someone who was deprived of employment because I chose to support a strike and to take industrial action, the attribution that none of us care about workers is entirely misplaced. More than that, is the hon. Lady really arguing that the industrial relations landscape is so perfect that we need no amendment and that working people who do not happen to be members of trade unions should receive no protection from strikes in vital public services?

[Gill Furniss]

I would argue that trade unions are already under very strong measures and have to prove everything that they do. As my hon. Friends have already said, trade unions are not just about strikes—Conservative Members must get used to that—because that is the last resort of any workforce. They lose wages and their families go without food. Many, many years ago, we saw such long strikes, where workers struggled. It is a big struggle for many people and—

[Adam Afriyie]

Will the hon. Lady give way?

[Gill Furniss]

No, I will not. What most people want is meaningful negotiations, where they can get issues resolved, and that is what is wanted by the management of most organisations, and required by the workforce. We do not have workforces crying to go out on strike; we have workers who want to be respected, who have good working conditions and are not at the mercy of zero-hour contracts or having to have three jobs at once just to support themselves. If we provide good working arrangements for people that would eradicate strikes, would it not? However, there must always be a fundamental right to withhold one’s labour. That is the right of everyone wherever they are from.

[Chris Stephens]

I agree with everything that the shadow Minister has said. Can she also confirm that trade unions play a vital welfare role in the workplace? For example, my trade union, Unison, has a welfare fund that has helped many low-paid workers across the UK.

[Gill Furniss]

My hon. Friend makes a good point. I was a health and safety representative for many years, and it is a vital role to work alongside management to point out any hazards and actually prevent accidents from happening in the workplace, which could be costly to any organisation in compensation.

[Adam Afriyie]

I am finding it really hard to grasp why the hon. Lady would not wish to stand up for those people who are members of trade unions who are forced to go out on strike in effect or lose their union membership merely because a very small percentage of people vote to do so.

[Gill Furniss]

The point you make is a point I know you believe in, but it is about an individual’s democratic right to strike. The legislation that you have introduced and the lack of a decent impact assessment reveal no evidence of any ongoing problem. What grieves me is e-balloting, because it seems so unfair that the review of that proposal is sometime in the future. Surely it would have been natural justice to have had that review and the legislation running side by side so that at least unions could have organised properly and quickly to take on board likely future legislation. That is another example of the unfairness and confrontational nature of the regulations before us.

[The Chair]

I remind Members to address other Members by their constituencies and not to refer to “you”, because that addresses me.

[Gill Furniss]

I apologise, Mr Bailey.