Crime and Courts Bill [Lords]

Debate between Jeremy Browne and John McDonnell

Wednesday 13th March 2013 Commons Chamber

[John McDonnell (Hayes and Harlington) (Lab)]

Let me say to my hon. Friends on the Opposition Front Bench that I am extremely shocked by what has been said—that they are not willing to support my amendments. This is the first time in the history of the labour movement—the first time ever in the history of the Labour party—that this party has supported in Parliament the removal of trade union rights from trade unionists. That is a significant step and marks a historic change in attitude. I urge those on the Front Bench to use these moments in this debate to think about what they are doing.

This is the party that campaigned to redress the disgraceful treatment of GCHQ workers—if people remember—all through the ’80s and ’90s, when a Conservative Government removed their trade union rights. This is the party that gave commitments to the Prison Officers Association that we would address its complaint that a Conservative Government had removed the right to take strike action from prison officers. I urge Labour MPs and others—anyone who is in the Chamber and anyone watching this debate outside—to understand what is happening here today, because this is significant. This is not a minor matter; this is about taking away a basic human right from a group of workers. It has never been done before in the history of our party.

I am grateful to my friend the right hon. Member for Dwyfor Meirionnydd (Mr Llwyd) for curtailing his speech—we were slightly out of order, Mr Deputy Speaker.

I chair the PCS parliamentary group. It is a large group—I think we have 70-odd members on a cross-party basis—that represents the workers we are talking about. The PCS represents members in the Home Office and its agencies. It currently has about 2,700 members in the Serious Organised Crime Agency and will have between 3,350 and 3,500 members in the NCA when it is established. The whole discussion up to now has proceeded on the basis that these are civil servants, who respect the right of Government to govern and will therefore do all they can when there is a restructuring of Departments or Government agencies to ensure that they support the Government in that restructuring and implement the policies effectively. However, what the PCS seeks to do as a trade union is to protect its members’ basic rights, wages and working conditions.

The process of negotiation on the restructuring and the new agencies has been going on apace for a number of months. That is what trade unions do: they engage in negotiations. We thought that there would be discussions about negotiation structures and thus the opportunity to reach agreement, which is what has been achieved on a number of issues in these sorts of restructurings right across the civil service. However, we now have proposals, almost out of the blue, to introduce a no-strike provision and remove the right of this group of workers to take industrial action, as my friend the right hon. Member for Dwyfor Meirionnydd said, and, in addition, to install a pay review body appointed by the Government, again without a negotiated agreement.

That is not the way to set up a new agency, lift people’s morale or secure their involvement and engagement in the implementation of policy; it is a rebuttal of all the negotiations that have taken place. It will mean that a large number of people will basically lose the right to take industrial action when they have a grievance. What we are talking about is some people who have the powers of a constable—the powers of arrest. I understand some of the concerns about that, but we are also talking about Revenue and Customs officers and immigration officers, who have been treated no differently in the past from any other civil servants. They have had the same rights of representation and the same trade union rights.

It is interesting that back in November the Joint Committee on Human Rights expressed its concerns about the plans for NCA officials with operational powers to be forbidden to take strike action. The Committee said:

“we question whether the Government has yet demonstrated by reference to actual evidence that there is a pressing need to restrict the right of NCA officers to take strike action, bearing in mind that SOCA has so far operated with no restrictions on its officers’ right to strike. In our view, NCA officers are closer to SOCA officers than police officers. Even if there were evidence of such a need, on the evidence currently available to us we do not consider it to be proportionate to apply the no-strike provision to NCA officers who hold some of the operational powers, including officers who only exercise the operational powers of a customs officer or immigration officer and not those of a constable.”

So this is a human rights issue: the Joint Committee on Human Rights has said so. It has expressed its concern while these discussions have been going on. To be frank, the industrial relations atmosphere has been good. There is no evidence of any demand from management for the new power. Quite the reverse: management have been proceeding in the normal way in the negotiations, to see what structures are required to ensure worker engagement.

[Mr Jeremy Browne]

Given all the points the hon. Gentleman is making and that he started his speech by saying that this was a historic first for the Labour party, I am curious to know why he thinks those on the Labour Front Bench do not agree with his arguments.

[John McDonnell]

I understand where the hon. Gentleman is coming from, but I am not playing party politics with this. I do not have a clue why not: this is the first time I knew of it. If this issue was dealt with in Committee and I missed it, I apologise, but I thought that the attitude was to listen and wait for this debate. I thought we would listen to the members themselves who are on the front line—some of them, just like police officers, risk their lives in the work they do—yet who have never caused a problem in industrial relations.

Management have not come forward with these proposals; they have been brought forward by the Government. This is a Government whim. Someone in Government decided it would be worth trying for a no-strike provision on this group of workers. It is the thin end of the wedge, because there are some Conservative Back Benchers who have been seeking to introduce a no-strike provision across whole sectors of industry. I think this is the start. This group of workers is the experiment, to see whether people will acquiesce, and I am amazed that those on the Labour Front Bench have rolled over. That sends a signal to this Government to come forward with proposals for the transport sector and many others, as some have been planning to do for many years. I am absolutely staggered. How can these measures be brought forward unopposed at this stage, when negotiations are continuing? There could have been a negotiated settlement on the new structures and we could have avoided this kind of imposition. I will not spend too long on this, because there is another debate in Westminster Hall on the privatisation of the probation service that I would like to get to. This just goes on and on, but at least my own side is putting up some opposition to those proposals.

Let us be clear what clauses 12 and 13 will do. They will take away from civil servants a fundamental right that they have at the moment: the right to take industrial action. This is the crossing of the Rubicon. The clauses will bring in a ban on industrial action that extends well beyond the police and prison officers, where it already exists, to civil servants, on whom such a ban has never been imposed before. This is an unnecessary and unwelcome political device that is being used by the Government to test the water around their future policies on trade union and employment rights in this country.

As I have said, I think this is the thin end of the wedge. If the clauses are accepted by the House—and certainly if they are accepted by my party—on this occasion, this will be used as an example in other areas. That is why I am urging people to vote against them, and I will seek to divide the House on the matter. If I have to walk through the Lobby on my own, I will do so, because this is a fundamental matter of principle.

The workers involved are dedicated civil servants, but they deserve the right to protection and to basic human and trade union rights if they feel that management or others are imposing something on them that is unacceptable. Most of them never go on strike or take industrial action, but they deserve to have the right to do so if necessary, because that is the only protection they have against oppressive management or employers.

I urge comrades on this side of the House—members of the parliamentary Labour party—to use whatever time we have left in the debate to think again. This is not a trivial matter. It is not a simple “tidying-up exercise” in employee-management relationships in the new body; it will undermine a fundamental human right. This Government have already been criticised for their refusal to give the right to industrial action back to prison officers. They were criticised by the International Labour Organisation for being in contravention of all the international conventions on employment rights, yet there are people here on the Labour Benches today who are rolling over without a whimper of opposition to extending that denial of human rights to this group of workers. That is unacceptable.

With your permission, Mr Deputy Speaker, I hope to call a Division on this matter when I have the opportunity to do so, and I urge Members to vote against the measures. This is a significant matter; it is absolutely critical. It is a matter of conscience, not a matter of administrative convenience for management and the Government. It is a basic human rights issue, and I urge Members to vote for our amendments.

--- Later in debate ---

[Mr Browne]

It is interesting; we now do have interest from the Opposition Front Bench.

[John McDonnell]

rose—

[Mr Browne]

I will give way to the hon. Gentleman, and then I will speak to the amendments in the group.

[John McDonnell]

It is important that we hear a response to the question asked by my right hon. Friend the Member for Delyn (Mr Hanson), because the people who are covered in the legislation are not just police officers; they are immigration officers, they are customs officers. What has also happened is that, as of three weeks ago, the staff have been notified. Some of those officers from SOCA who will be moving across had no powers; their powers had lapsed. They have been told that by October, investiture day, their powers will be returned to them and they will be included in the cache of people to whom the no-strike provisions apply. That means that, already, 1,500 people—possibly—will be included, as well as potentially another 900 staff. The provision goes beyond police officers to immigration officers and customs officers.

[Mr Browne]

I am grateful for the hon. Gentleman’s intervention. Let me explain the Government’s position and see whether I can persuade him to take the same view as those on the Labour Front Bench. [Hon. Members: “Answer the question.”] I will; I am coming to it. Calm down. Those on the Labour Front Bench have supported us on this all along, and they have good reason for doing so. I want to try to persuade the hon. Member for Hayes and Harlington that Labour is right to support the Government’s position, so let me explain our position.

Amendments 95 and 102 seek to remove the restriction on the right to strike for NCA officers with operational powers. This is an important measure to ensure that the NCA can protect the public from the threat of serious and organised crime and be operationally effective around the clock, every day of the year. Criminals do not stop when there is strike action. The threat to the British public from serious and organised crime is a constant threat and we do not want NCA operations disrupted or jeopardised by striking NCA officers. In the interests of public safety, it is therefore necessary that we restrict the right to strike of certain NCA officers. That will apply to NCA officers with operational powers. This is not about banning NCA officers from being members of a trade union, should they wish; it is about ensuring that the public remain protected at all times.

My right hon. Friend the Home Secretary has been clear that our strong preference is to put in place a voluntary no-strike agreement with those unions that will be recognised by the NCA. That would, in practice, impose strike restrictions on the vast majority of NCA officers and establish an alternative method for resolving disputes with the organisation. If that is achieved, the Bill gives the Home Secretary a power to suspend the operation of the provisions restricting the right to strike. In essence, therefore, the no-strike provision is designed as a reserve provision.

I return to the central point: I think the public will not be able to understand why, if they are at threat from serious and organised crime, the agencies of the state, which are paid for from our taxes to protect the public from that serious and organised crime, should not be available 24 hours a day to do so. The threat to the public exists 24 hours a day. I would ask the hon. Member for Hayes and Harlington to reflect on that central point, because as I understand it, unless those on the Labour Front Bench have changed their position, it has been accepted by the Labour party that we should be seeking to protect the public around the clock. I invite the hon. Gentleman to accept that point too.

[John McDonnell]

Of course that is the case; we all accept the need to protect the public. Until now, customs and revenue officers—the immigration officers—have been able to do that without having the right to strike withdrawn. That is what the Labour party thought was happening. The Labour Front-Bench team thought that the provision related to policing powers, but it has gone well beyond that. A briefing was circulated to all MPs on Friday to explain that. Some people are saying that they did not receive it. I have a list of the e-mail addresses that it went to, so I know who got it. That briefing showed, in the explanation from management to staff, that the provision has gone well beyond what Ministers originally proposed, which was just for police officers. It has been extended to immigration officers—customs officers—who have always had the right to strike and yet have always protected our country. This is a massive step beyond anything that was proposed initially in the Bill.

[Mr Browne]

If the Opposition spokespeople have changed their position—

[John McDonnell]

They have not changed their position.

[Mr Browne]

Well, if they have come to see the wisdom of the position adopted by the hon. Member for Hayes and Harlington and accept the inadequacies of their previous position, they will support him when he presses the amendment to a Division.

--- Later in debate ---

[John McDonnell]

This is about exactly what my right hon. Friend the Member for Delyn said. This is what we call legislating; this is what we call debate. We discover during the passage of legislation the implications of that legislation. I did not serve on the Bill Committee, so this is my opportunity to discover and debate. We have all discovered that the intention of the Bill is to remove the right to strike, not from police officers but from immigration and customs officers, who are civil servants—they are not police officers. That was never the intention behind any of the debates until now, and on that basis, I urge hon. Members on both sides of the House to vote for the amendment. If the Government need to return with clarification at a later stage in another place, that is fair enough, but we must ensure that we do not introduce legislation in the House that is a fundamental attack on a fundamental human right.

[Mr Browne]

I will clarify the fact that the intention of this part of the Bill is very straightforward. There is a serious threat to the public of the United Kingdom 24 hours a day from serious and organised crime, and we want the new National Crime Agency to meet and counter that threat from the people who perpetrate it 24 hours a day, 365 days a year. So we want a consensus to be arrived at about the best way that these affairs can be structured, but we do not want people to be threatened by serious and organised crime and for operational officers at the National Crime Agency to be unavailable to counter that threat.

Labour Members appear to have changed their position and we will have a Division in the House of Commons on that. I hope that enough Members of the two parties in the coalition will share my view and the view of the Government that it is not appropriate for the public to be left exposed to the threat from serious and organised crime in the way that is envisaged by the hon. Member for Hayes and Harlington, which appears, in this ever shifting situation, now to be endorsed by the right hon. Member for Delyn as well.