Trade Union Bill (Third sitting)

Jo Stevens Excerpts

Thursday 15th October 2015 Public Bill Committees

[Jo Stevens (Cardiff Central) (Lab)]

Q 265 I have a question for both witnesses, if I may. You have both talked about the pressures on operational resources at the moment. Given the additional workload for the police that will come in if the Bill becomes law, would you rather have that, or not?

Deputy Chief Constable Hall: Well, I think what we would rather be able to do is concentrate on the priorities set down to us by chief constables and police and crime commissioners. There is potentially some additional work for recording the notifications that come through, but I do not think I would want to over-emphasise how significant that is likely to be. That will vary, depending on where you are in the country and those mechanisms. Where we would be concerned is if there is an expectation that at every picket line there is a higher level of police presence. If that is the case, that will impact on other priorities.

[The Chair]

Okay. Very quickly, Mr White.

Steve White: I would probably answer it as no.

--- Later in debate ---

[James Cartlidge]

Q 297 This was while there was a fire?

Commissioner Dobson: No, this was during the strike. During the fires, we had some instances where the striking workers followed emergency crews to incidents, damaged fire engines en route and tried to intimidate the emergency workers, while they were trying to deal with an incident. In some cases, they were trying to deal with actual fires and they were being obstructed by striking workers.

[Jo Stevens]

Q 298 I have a question for Mr Dobson. You have talked a lot about examples of intimidation during the 2010 dispute, and you also said that you had a private meeting with Mr Carr. You will be aware that the impact assessment for this Bill drew on the Carr review to justify what is in the Bill. I am sure you are also aware that Mr Carr was unable to make any evidence-based proposals or recommendations for change because of the lack of a significant body of evidence to support any recommendations for change. In your meeting with him, did you give him the examples of intimidation that you have described?

Commissioner Dobson: I did, yes.

[Jo Stevens]

Q 299 And you did that in a personal capacity, not a professional one.

Commissioner Dobson: Yes.

[Jo Stevens]

Q 300 Was it because a majority in the Greater London Authority had decided that you should not give evidence to Mr Carr?

Commissioner Dobson: There was no decision about whether or not I should give evidence, because it was never presented to elected members in that way.

[Jo Stevens]

Q 301 At its meeting on 29 January this year, the GLA indicated that your evidence appeared in the Carr report in contravention of the wishes of a majority of assembly members. Do you deny that?

Commissioner Dobson: My giving evidence to the Carr review was never presented to the London Assembly for their view on it. The fact that I had spoken to Mr Carr was discussed when the Carr review was published, but it was not discussed beforehand.

[Jo Stevens]

Q 302 Are you aware that the Regulatory Policy Committee has described the impact assessment for the Bill as “not fit for purpose”?

Commissioner Dobson: Yes.

[Jo Stevens]

Q 303 Following on—a very brief question, if I may—in relation to the same dispute, can you tell the Committee what you believe led to the dispute happening in the first instance and what action you took to try to prevent it from occurring? I am aware that you attempted to de-escalate the dispute by docking the pay of 368 staff; that was later found unlawful by an employment tribunal. Can you tell us a little about that?

Commissioner Dobson: There was a dispute over the start and finish times of shifts. We sought to change the start and finish times of shifts in order to increase productivity. We negotiated fully with the Fire Brigades Union on that but were unable to reach an agreement, which led to a strike ballot and that led to strikes. During the industrial action that took place, via either action short of a strike or a strike, some members of staff took actions that were against their contracts and were not covered by the ballot, so some workers’ pay was deducted. The employment tribunal has found only in the cases of three staff at the moment; the remainder of cases are still subject to discussion with the Fire Brigades Union. Let us be absolutely clear—the Committee needs to be aware of this—that the employment tribunal has listened to the cases of only three workers, not the others.

[Jo Stevens]

Q 304 But it found against you: what you did was unlawful.

Commissioner Dobson: In those three instances, yes.

--- Later in debate ---

[Jo Stevens]

Q 321 Can I ask you a question about clause 10? Some people are arguing—wrongly, in my view—that clause 10 equalises the arrangements, mirroring the situation in Northern Ireland. Do you agree that the provisions in the Bill go well beyond the current practices in Northern Ireland, which require trade union members on one occasion to contract into paying into the political fund—I repeat, on one occasion—and they are not required to renew their opt-in?

Byron Taylor: Sorry, can you just repeat the last bit?

[Jo Stevens]

There is a suggestion that clause 10 mirrors the arrangements currently in place in Northern Ireland about opting in. The question I am asking is: do you agree that the provisions in this Bill go well beyond what is currently in operation in Northern Ireland? Trade union members there only have to opt in on one occasion.

Byron Taylor: Indeed. The Northern Ireland situation is a leftover from the 1920 provision that moved towards an opt-in. Given the unique historical and political circumstances of the Province of Ulster and Northern Ireland, I think there are particular reasons why that exists in the current format.

The Bill, as it is currently proposing to change the law here in the UK, is significant. When people join a trade union, they will have to opt in. If they are already members of a trade union and already paying the political levy, they will have to re-opt back in. We will find ourselves in a situation where people have to renew that every five years. I fail to see why that is required in a fund where you can opt in or opt out at any time, where you have the representative democracy of the union and where you have a 10-yearly political fund review ballot. It seems to be another over-extension. We are going to be in a situation where you can opt in or opt out when you first join the union, you can opt in or opt out at any time, you have to renew every five years, and you have to renew through a political fund ballot every 10 years.

What level of regulation is required on trade union political funds, because they clearly are the most highly regulated political funds in the western world? If you compare them to some of the transparency arrangements that apply to companies, I think they are overbearing. For example, there are unincorporated associations that donate to the Conservative party—one that springs to mind is the Carlton Club, which has donated £1 million to the Conservative party in the last five years—and there is no clarity over who those people are who are paying those moneys and raising those kinds of sums. That is just one example.

[Dr Lisa Cameron (East Kilbride, Strathaven and Lesmahagow) (SNP)]

Q 322 From your comments earlier, it sounded to me—I do not want to put words in your mouth—as though you were basically saying that the opt-in system that has been proposed within the time period is effectively unworkable. I would be interested in your comments on that.

Byron Taylor: I think it would be very difficult for the trade union movement to conduct those kinds of operations in a three-month time scale.