Transparency of Lobbying, Non-Party Campaigning and Trade Union Administration Bill

Debate between Ian Lavery and Jonathan Djanogly

Wednesday 11th September 2013 Commons Chamber

[Mr Djanogly]

I answered that specifically in reply to a question put by the hon. Member for Edinburgh South (Ian Murray), the Opposition Front-Bench spokesman. I have to say that one does wonder why we are missing this opportunity for reform; I am not sure. Perhaps it is because the Department for Business, Innovation and Skills is packed with Liberal Democrat Ministers. Who knows? Perhaps it is the Government’s more general reluctance to look at legislation governing unions and industrial relations. In any event, the toothless nature of the certification officer remains, despite so much having changed since 1984. For example, on the membership register, in the mid-1980s membership records were for the most part probably kept on paper. Official management and database IT systems were not very developed. E-mail did not exist for everyday use and communications with members and voting had to be in person or by post. Of course, postal voting at that time was seen as a novel idea to be used against the intimidation of members at the time of union votes—union intimidation being rife at the time.

There is another key difference between then and now. Unions are, in general, becoming fewer in number, but far larger and more general than in the 1980s.

[Ian Lavery]

The hon. Gentleman mentions union intimidation. Does he want to provide some examples of his experience of union intimidation?

--- Later in debate ---

[Mr Djanogly]

That is not an issue I have investigated. As I said, complaints emanate from members of unions, not from people outside unions, and I think that that is the wrong way to be going about such an issue.

Let us step back and look at the clause in the round. There is a fundamental question which, to be fair, was picked up by the Opposition on Second Reading and the hon. Member for Edinburgh South today, and it is implied by amendment 103: we need better clarification from the Government on the intention of these clauses. In the 1983 Government Green Paper, it was specifically claimed that decisions made by unions could be contrary to the wishes of their members and that union leaders often appeared not to be responsible to their members. The then Government made the case that legislation could limit malpractice, such as ballot rigging and forgery.

What, therefore, are we trying to do with improved membership registers? Are we concerned about the validity of strike ballots where key public services, such as London trains, are disrupted by a simple majority of an overall minority of members voting? Is there concern that ballot rigging is still going on because of poor membership records? Let us remember that the certification officer has very limited powers in such situations, and that the few powers he does have can be triggered only by existing union members, not by the public who are unable to get to work.

[Ian Lavery]

The Chair said that we were perhaps veering off the subject, but I have to come back to the serious allegations the hon. Gentleman is making. If someone makes serious allegations in the House, they should be big enough to present evidence. Where has there been evidence of ballot rigging in the trade union movement? The trade union movement is an extremely transparent and democratic organisation.

[Mr Djanogly]

The hon. Gentleman is clearly not listening to what I have been saying. I have not been saying that there has been ballot rigging. In fact, in some ways I think I am helping his case by saying that we need to look more carefully at the purpose behind the clause. This would be a good opportunity for the Government to give at least a sense of direction on part 3 about their intentions on strike balloting. Perhaps that purpose is related to party funding, given that the previous part of the Bill relates to election funding. If that is so, why are we not giving the certification officer the power to check that the political opt-out is clearly stated on the union membership application form—that has clearly not always been the case—let alone going the further step, as suggested by the Leader of the Opposition no less, of reversing the position to an opt-in?

Despite the Opposition’s position being muddied following the Leader of the Opposition’s speech at this week’s TUC conference, why are the Opposition not taking this opportunity to amend the Bill to that effect? This is a pressing issue, not least because the majority of union members do not even vote for the Labour party. Even if such reform needs more time to be formulated, why cannot the Government indicate their intentions for party funding as a result of improved membership records?

The clause deals specifically with auditing membership numbers, but what about overseeing matters in the context of the return as a whole, let alone dealing with issues of client care or quality of service? The provisions do not even tighten up the definition of what membership means, which would be helpful, if that is what is to be audited.

Oral Answers to Questions

Debate between Ian Lavery and Jonathan Djanogly

Tuesday 19th October 2010 Commons Chamber

[Mr Djanogly]

I thank my right hon. Friend for giving me an opportunity to explain the fact that we aim to improve the coroner system in line with most of the policy in the Coroners and Justice Act 2009. However, the purpose of abolishing the chief coroner post is, first, to save the £10 million start-up costs and then the £6.5 million running costs, but also so that some of the chief coroner’s leadership and operational functions can be transferred to an alternative body.

[Ian Lavery (Wansbeck) (Lab)]

The Secretary of State will be aware that prisoners held within the prison estate are still allowed to smoke tobacco. Does the Secretary of State agree that that presents a huge health risk to Prison Service employees, and are the Government considering the matter?