Trade Union Bill

Jo Stevens Excerpts

Ping Pong: House of Commons
Wednesday 27th April 2016 Commons Chamber

[Nick Boles]

I am sure that the hon. Gentleman will understand that I never comment on articles in the Socialist Worker. He will also understand that we have regular conversations with Ministers in the devolved Administrations, but all of the matters addressed in this Bill are reserved matters. It is a matter not of dictating, but of this Government fulfilling their duty to legislate on the matters for which we have exclusive responsibility.

[Jo Stevens (Cardiff Central) (Lab)]

Specifically on the point about devolved powers, is it not the case that in that letter the Minister received legal advice saying that there is a very weak case for enforcing those powers on the Welsh Government?

[Nick Boles]

The hon. Lady, who made an admirable and, for me, rather challenging contribution to our deliberations in Committee, knows that we do not comment on legal advice.

If publication, and the proper monitoring and recording that it necessitates, do not achieve the aim of bringing excessive spending on facility time back down to a reasonable level, it will be necessary to consider the imposition of a cap. A reserve power is very much a power of last resort.

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[Jo Stevens]

Let me begin by drawing the House’s attention to my entry in the Register of Members’ Financial Interests, and to my membership of the GMB and Unison.

I want to make just one brief point, which relates to my earlier intervention about the Welsh Government. The Minister is placing the UK Government on a collision course with the Welsh Government in respect of facility time. The case will end up in the Supreme Court at great cost to the public purse, and the UK Government will—according to their own legal advice—lose. So I ask the Minister please to reconsider his approach to this part of the Bill.

Question put, That amendment (a) to Lords amendment 2 be made.

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[Wes Streeting]

I wholeheartedly agree, and if we are honest, too often trade unions have to speak up for people who would otherwise not have a voice. Often, because of the failures of this place and different Governments over the years, trade unions have had to exercise pressure on behalf of their members, and exercise that muscle to ensure that Governments act to protect those who have been done a terrible injustice.

[Jo Stevens]

I speak as a former trade union lawyer who dealt with the legal cases that my hon. Friend referred to, and as an employer who benefited from having a unionised workplace to resolve issues and disagreements, and to get changes through companies. Without union representation in the workplace, that would have been much more difficult. Does my hon. Friend agree that we can see things from both sides?

[Wes Streeting]

I agree with my hon. Friend. I have sat on the employer side of the table when working with trade unions more than I have sat on the side of employees, even though I have been a member of a trade union for as long as I have been in full-time work. Employers often value that relationship with trade unions. It is not an adversarial relationship—well, sometimes it can be, and the breakdown of industrial relations, particularly when strike action occurs, is a sign of failure. When people choose to strike they lose their pay, so they do not do it lightly. Many families struggle to balance their budgets at the end of the month, with too much month and not enough money left, so losing a couple of days’ pay is often a real hardship. They do not take such action lightly, and that is not understood enough when we speak in glib terms in this place about trade union industrial action.

I listened to what the Minister said about concessions that have been made, and how no changes will be made to facility time for a few years until we have done all the counting and assessment, but how long will that take, and how much money and civil service time will it cost? Bizarrely, the Government will waste time counting trade union facility time for employers up and down the country, but they will not count the number of children in poverty. That tells us all we need to know about this Government’s wrong-headed priorities, and about the timewasting involved in introducing this Bill in the first place. I congratulate Members of the House of Lords—where the Government do not have a majority—on the way that they have torn this Bill apart and exposed it to forensic scrutiny, and we heard expertise from across the political spectrum.

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[Helen Hayes (Dulwich and West Norwood) (Lab)]

I would like to put on record the fact that I am a member of the GMB union. It is a great pleasure to follow my hon. Friend the Member for Ilford North (Wes Streeting), whom I commend for his long-standing commitment to this issue and for his work on the Bill.

Trade unions are a vital part of a free and democratic society, with a proud history of working hard on behalf of their members to achieve fair and just outcomes. Their roots lie in the industrial revolution, but their aims and aspirations are just as important to the 21st century context of an increasingly digital workforce, the European marketplace, globalisation, the challenges presented by an ageing population and the need for highly skilled workers to deliver the higher-skilled, higher-waged workforce that we need and aspire to in the UK.

My constituency is rich in small and medium-sized enterprises, and I want to see a vibrant local economy, providing high-quality services, well-paid jobs, excellent apprenticeship schemes and clear routes for progression in the workplace for those who want to develop their career. Trade unions have as much a role to play now as they did when they were first created in a very different employment and economic environment.

I want to share some examples of the positive differences unions have made and continue to make in my constituency. As a councillor, I was proud to vote for Southwark Council to adopt Unison’s ethical care charter—a commitment to dignity and respect for those who work so hard on behalf of vulnerable residents. The ethical care charter delivers better terms and conditions for care workers, but just as importantly, it delivers better standards of care for vulnerable residents by providing minimum visit times, paid time for travel and a commitment to training. Paying the London living wage for home care workers has resulted in higher-quality applicants working in this vital service, as well as a better quality of life for carers and their families.

BECTU—the Broadcasting, Entertainment, Cinematograph and Theatre Union—has fought a hard campaign for its members working at Picturehouse cinemas in my constituency. The campaign started at the Ritzy in Brixton and has extended to the new East Dulwich Picturehouse and the West Norwood Picturehouse, which will open next year. It is an excellent example of a modern trade union campaign, generating huge support among local residents and customers via social media. This campaign has achieved significant progress in driving up rates of pay for Picturehouse staff by 26% over three years, but there is more to do to achieve the goal of ensuring that all staff receive the London living wage—work that is hampered in part by the approach of Picturehouse and its parent company Cineworld in refusing to recognise BECTU in some branches in favour of internal staff forums, which is a practice that should not be allowed.

Last week, I attended the launch of an important new campaign by Unison, “Making waves for a Living Wage”, calling for the water industry in the UK to become the first sector to be fully living wage accredited. This campaign has already succeeded in persuading several water companies to progress towards living wage accreditation—and in some cases to achieve it. It is an achievable, practical campaign, which the water companies can afford to implement and which will have huge benefits for low-paid staff working in this sector. It is a great example of the positive difference unions can and do make.

[Jo Stevens]

The Unison campaign on the living wage provides a perfect example. We would not have had a living wage campaign without the trade unions setting up the wider campaign in the first place.

[Helen Hayes]

My hon. Friend is absolutely right.

Only yesterday, I was encouraged to see so many local NHS staff who are members of trade unions, including the GMB, Unite and Unison, coming out during their lunchbreak to show their support for the BMA and the junior doctors’ strike. They know that it is only by working together as one team—doctors, nurses, therapists, technicians, receptionists and cleaners—that our wonderful NHS delivers the world-class healthcare that it was set up to do.

Union members across the country know that industrial relations work best when there is a professional and respectful relationship between employers and employees. Change is often needed in response to changes in the economy, policy or legislation, or when particular injustices arise, and it is often best achieved by different parties—unions, employers and consumer groups—coming around the table to negotiate, work together and resolve differences or develop new practices. The situations we never hear about, but which are much more common, are those where there was no strike action and a settlement was reached through effective joint working. Such effective working relies on an even balance of power between different parties. This divisive and mean-spirited Bill seeks to shift the balance of power in a way that can have only negative consequences. It is right that negotiation and positive joint working take place in every possible circumstance, but in the rare instances where all other avenues have been exhausted—for example, when a Secretary of State for Health rejects out of hand every compromise offer he is asked to consider—the right to withdraw labour by taking strike action is an essential right, and its existence can often be the very thing that focuses minds on all sides on achieving effective negotiations.

The Government’s change of heart on opting in to unions’ political funds and check-off is welcome, but it reveals the extent to which the Bill is politically motivated. It is completely unacceptable that the Government are applying double standards to the turnout required for a strike ballot by expecting a much higher turnout of union members than they would accept as providing legitimacy for their own Members of Parliament or indeed for the election of councillors, whom they accept as having democratic legitimacy. MPs are not, by rule, required to be elected by more than half of the eligible residents living in their constituency, and this is even less likely to be the case for councillors. In an age where the Government are rightly encouraging the greater use of digital services and technologies, it must be right that there should be the ability to vote electronically, with the oversight of the Electoral Commission. What is considered good and fair for the Conservatives in selecting their candidate for London’s Mayor must be considered good and fair for union members in casting their votes on critical issues. It is very disappointing that the Government have not accepted Lords amendments on this matter. They are applying a mixture of different standards to trade unions, refusing to implement e-balloting to maintain consistency with public elections but requiring an even higher turnout threshold than that required for public elections. The Government therefore appear to be picking and choosing standards to suit their own political ends. They appear now to be trying to unravel some of the mess, but it would be better simply to scrap this Bill.