Trade Union Bill

Debate between John Howell and Chris Stephens

Tuesday 10th November 2015 Commons Chamber

[Chris Stephens]

Indeed. I look forward to that test when the experiment, as I think Mr Speaker described it, takes place.

The Open Rights Group is also concerned that online voting in general elections does not justify the extra expense of developing new systems while the technology is in its infancy, as turnout is already comparatively high. This argument does not apply to trade union ballots, where postal balloting is more expensive and deters turnout. Unlike general election voting, the technology already exists and has been well used for over a decade by private companies, political parties and membership associations.

[John Howell]

The hon. Gentleman and I have shared many an anecdote about this, both in Committee and elsewhere. He will recall that in Committee I raised a number of concerns from the Open Rights Group which called for prudence in the use of internet voting. Has he looked at that in greater detail?

Trade Union Bill (Eighth sitting)

Debate between John Howell and Chris Stephens

Thursday 22nd October 2015 Public Bill Committees

[John Howell]

I am grateful to the Minister. Part of it comes from my role as the co-chairman of the all-party parliamentary group on design and innovation—it did a lot of work in this area before the election—at the time that the Speaker’s Commission was working, and part of it comes from an article in The Guardian. The Minister will appreciate that, as a lively reader of The Guardian, I pick up these things wherever I can. I can probably give him the exact date on which the article was published, if he wants to know that.

[Chris Stephens]

We are not talking about an election, though, but a ballot, which will be a binary choice. It will either be yes or no. What specifically would concern the hon. Gentleman about introducing electronic balloting in a case of industrial action or to confirm or otherwise the political fund arrangements of a trade union?

[John Howell]

I think there is a great deal of similarity between using electronic means for an election and for this sort of statutory balloting. The thing that most concerns me is that, as in the words of the Open Rights Group that I just quoted:

“This is a very hard problem to solve and so far nobody has managed it.”

The question is how we deal with the problems of security and particularly of accountability.

Trade Union Bill (Third sitting)

Debate between John Howell and Chris Stephens

Thursday 15th October 2015 Public Bill Committees

[John Howell]

Q 247 May I follow up with one question? I am still struggling to see what harm the notice period causes.

Deputy Chief Constable Hall: I do not believe it causes any harm, as such. The challenge for policing is whether it is necessary for us, how we then administer it within police forces across the country, and whether we could obtain that information in other ways, either through local authorities or directly with the employer. As I say, we do not see any direct harm in receiving it, but we feel it could be discharged in other ways.

[Chris Stephens (Glasgow South West) (SNP)]

Q 248 It may appear that I am shouting at you, but I am not; it is so the other members of the Committee can hear me. I apologise.

I have two quick questions. Do you both agree that the proposal to allow agency workers to come in and replace striking workers would result in increased tensions in the workplace and that the police would have to become more involved in those sorts of issues? What more resources would the police need to police some of the aspects in the Bill?

Deputy Chief Constable Hall: I do not think it is for the police service to determine the merits of whether agency workers should come in or not. We know from disputes we have policed in the past that the mention of agency workers tends to increase tension within picket lines. I think there is certainly the possibility that that could be the case if agency workers are brought in to cross picket lines. Clearly, within that we would need to judge each situation on its merits, and potentially we would need to increase police resourcing accordingly.

Steve White: It probably would not surprise you to hear me suggest that our current resource levels in policing would make it extremely—

Trade Union Bill (Fourth sitting)

Debate between John Howell and Chris Stephens

Thursday 15th October 2015 Public Bill Committees

[John Howell]

Q 415 Like you, I listened intently to John Cridland’s evidence on Tuesday, but the intention of the questions we have been asking has not been to show that the Bill is a pro-business measure. What we have tried to show is the impact of that on parents, patients, carers and commuters. I think we have actually demonstrated that quite effectively. Would you like to comment on how that fits into the purpose of the Bill?

Nick Boles: That is absolutely right. We were always thinking, when drafting the Bill, about what to tell the public when a strike has happened to reassure them. The public support unions’ and individuals’ ability to strike, and they often would like to feel that they have the ability to avail themselves of that right in an extreme situation. There is absolutely no question about it; the public do not support something that withdraws people’s legitimate right to withdraw their labour in a case where they are being badly treated or a dispute that cannot be resolved otherwise. The public are frankly not very impressed when a strike happens that closes schools or bus services on an incredibly low turnout or a ballot that is several years old, and we are responding to that concern.

[Chris Stephens]

Q 416 Mr Boles, in relation to political funds, I want to outline my discomfort with dealing with this issue via the Trade Union Bill and not through other mechanisms in Parliament. Political funding should be dealt with across the board. I also point out to you that it is not just about those trade unions that fund the Labour party—those unions are in the minority, actually—but a trade union’s ability to campaign to change Government policies. The general secretary of the PCS made that point. Do you not think that it is inappropriate to deal with political funds only through this Bill and not to look at political funding arrangements across the board?

Nick Boles: I do not, and perhaps I could explain why. We have heard about the contributions that the political funds made to HOPE not hate. We certainly heard that on Second Reading. We have heard of other very worthwhile causes that are supported by unions’ political funds, but we live in a society, thank God, where there is an amazing proliferation of charities and campaign groups that are successfully and endlessly raising money from members of the public. They are lobbying for all sorts of changes in laws and practices here and around the world. It does not seem to me to be an unfair restriction or to be likely in any way to undermine the support for fantastic organisations, such as HOPE not hate, to say that if an individual wants to contribute part of their income towards an organisation, they should make an active choice to do so. That will not choke off any worthwhile campaigning activity in this country, where there is a huge array of it happening already.

Trade Union Bill (First sitting)

Debate between John Howell and Chris Stephens

Tuesday 13th October 2015 Public Bill Committees

[John Howell (Henley) (Con)]

Q 6 It is a great pleasure to serve under your chairmanship, Sir Edward. The Bill has already been described by Mr Doughty as “draconian”. Can you give me your impression of how much this is a fundamental change to the way that trade unions operate and how much you think it is more of a step-by-step increase in the modernisation of the trade union movement?

John Cridland: I echo Mr Martin’s comment about a failsafe. In most workplaces, relations are harmonious. Most workplaces are now not unionised, but in the unionised part of workplaces, most relationships are harmonious, and employers recognise that. There is a small minority of situations, which we have already described, where many people—businesses and consumers —are significantly disrupted. If that is to happen, and if the right to strike is to be exercised, I think it is reasonable, given the level of disruption involved, that there is clear evidence of a significant mandate. That is a modernisation of a system that is broadly working well.

Dr Adam Marshall: I would probably agree with my colleague and simply add that having an expiry for ballot mandates is an important thing in this day and age, given that we are in a more complex world for both business and industrial relations than perhaps ever before. Having a clear mandate renewed on a regular basis is very important.

David Martin: I again echo the comments. I can only refer to what I said earlier—that in the event of a breakdown in industrial relations, which does not happen very often, let us have a very clear mandate that reflects the wishes of the membership as a whole, and let us have a situation where we can minimise the overall impact on the travelling public and the UK economy at the same time.

[Chris Stephens]

Q 7 It is a pleasure to serve under your chairmanship, Sir Edward. My question is for the CBI. First, I was a bit unclear in your answer to my colleague about secure workplace balloting. You have said that trade union recognition ballots work well, but in trade union recognition ballots there is scope for secure workplace balloting. Can you clarify that?

Secondly, in your submission, you say that you are looking to extend the notice periods from seven days to 14 days on either side. That is 28 days in total, even without a ballot period. Do you not think that seven days’ notice to ballot and seven days’ notice to strike, with a period in between of at least 14 working days, is sufficient for a business to look at what they need to do and the steps that need to take place for disruption and any industrial action?

John Cridland: Thank you for the question. On your first point, the analogy I was using for trade union recognition was with ballot majorities. That is a relevant point, I think, about the ballot majorities and thresholds that the Government are proposing for the Bill. The current notice periods are inadequate. Many corporate members of the CBI faced with these situations simply do not feel that they have enough time to provide information and to put in place mitigating measures. I think the business community does want to see longer notice periods.

Trade Union Bill (Second sitting)

Debate between John Howell and Chris Stephens

Tuesday 13th October 2015 Public Bill Committees

[John Howell]

Q 105 Would you like to give us a view of what you think it will look like, and how the Bill would affect that in five to 10 years’ time?

Julia Manning: Again, I will try not to get too technical or philosophical. The Bill does not go into the detail of the many different NHS roles and responsibilities, but those are going to change. As patients, as the public and as what we call “participatients”, we will have information and access to all sorts of things that we currently do not have access to, which have been the preserve of the NHS. Down the line, the impact of action could be quite different because of what we as the public will have access to, which will no longer be within the control of NHS professionals. That is something we should be mindful of.

[Chris Stephens (Glasgow South West) (SNP)]

Q 106 It is a privilege to serve under your chairmanship, Sir Alan.

I would first like to ask: are you aware that the current law in terms of trade unions participating in industrial action is that they must provide life and limb cover? If so, does that assuage your fears? In addition, what surveys have you taken of the members in your organisation? You did intimate to Mr Doughty that you are organised across the UK. Also, do you believe that, with any changes at all within any of the health services across the UK, there has to be a negotiated change and a mutual partnership arrangement between employers and the trade unions?

Julia Manning: On the first point, in terms of like for like—

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[John Howell]

Q 142 Would you like to sum up the overall impact?

Janet Cooke: It is the attrition. For the first strike, people can often make other arrangements. Strikes have a particular impact on people in jobs where they do not have flexibility. I could work from home if I could not get into work or I could start late and finish late, or whatever. People working in critical, front-line jobs, who do not have that flexibility, are affected disproportionately, because they have no options.

David Sidebottom: Back in 2009-10, London Midland inconvenienced passengers as a result of its inability to roster railway staff to work on Sundays. That is a traditional working pattern that was provided largely through overtime and informal arrangements. We have seen a bit of that with one or two other train operators in recent years, but not on a large scale.

The bigger impact for passengers is short notice and cancellations. It is not a week’s or two weeks’ notice. The ability of a train company to buy out those working arrangements is very much between it, the unions and the staff. It seems to be something that is not quite cured yet. I do not know how that would fit with the Bill, but it does come across as inconveniencing passengers slightly more.

[Chris Stephens]

Q 143 I just have one question for the organisations. If for any reason existing staff, in this case train drivers or bus drivers, were replaced by agency workers, who would be inadequately trained, that would cause both your organisations concern for passenger safety.

David Sidebottom: If that manifested itself to us through representations from passengers, it would of course, yes.

Janet Cooke: Whether they were staff employed by the operator or agency staff, if they were not properly trained, it would be inappropriate for them to work.

--- Later in debate ---

[John Howell]

Q 189 And the effect of the thresholds in the Bill?

Tony Wilson: To me, the thresholds are all about proportionality. We rely entirely on collective bargaining within our organisation. We have a very good relationship with Unite. Across many years, I have never had any great issue with them. For us, it is the fact that very low numbers of the organisation can dictate to the mass. Some of that is to do with the fact that our particular company has quite a low percentage of union members in the first place, but even they do not all go and vote. I think something like 12% of the total bus driver workforce actually voted yes and dictated to the vast majority.

I heard something earlier on about picket lines. On 13 January, there was no police presence on our picket lines, but there were a lot of people, and a lot of staff who would otherwise have come to work were deterred from doing so. Most pickets were not particularly antagonistic—some were a bit different—but the sheer number of people that they had to pass to get into work was a barrier to them. At one depot, the roadway was blocked, so we could not actually get buses in and out. On the second day, co-ordinating with Transport for London, we had a large police presence on all of our sites. It was far more organised and there was a lot less disruption. It was noticeable that people do not want to come to work and cross that barrier. Whether on the day or the stigma afterwards, they do not feel comfortable.

[Chris Stephens]

Q 190 This is a question to the TaxPayers Alliance. I know from my previous employment that your organisation is well-versed in freedom of information. In relation to facility time, what do you consider to be a trade union duty and what do you consider to be a trade union activity? When you have done research into facility time, have you been able to establish how many trade union activists have had either part or all of their salary paid by a trade union?

In terms of check-off, why is it correct that public sector employees—even those who would be in a staff association—can pay council tax, rent and charitable donations via check-off, but not a trade union?

My last question goes back to the taxpayers and the democratic mandate. If a political party has been elected in a devolved Administration or a public authority and it has a democratic mandate to carry out good industrial relations by providing check-off, either charitable or free, or good facility time, who is anybody to interfere in that? Surely, it has the democratic mandate and the taxpayer has made that decision.

Jonathan Isaby: There are quite a few points there. You talked about the difference between activities and duties. Those things are defined, are they not? ACAS has defined them and our most recent report quotes exactly what they are.